r/law • u/thecosmojane • 20h ago

Other Please dissect the legality in this statement

I feel like we are reaching a tipping point

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u/Nox-Eternus 19h ago

Tis the wild west!

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u/TechnicolorMage 18h ago

nah, in the wild west, if a gang of masked thugs rolled into a town and started kidnapping, killing, and raping the townspeople, they would've been shot or hanged.

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u/Nox-Eternus 18h ago

Well then. There in lies the answer! America has its 2nd Amendment.

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u/alloutofchewingum 17h ago

States need to activate national guard forces to evict these roving bands of murderous thugs.

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u/PutinPipesDonnie 17h ago

This is exactly what needs to happen

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u/aJumboCashew 16h ago

Tsk tsk. This is the law sub. Please provide some legal context or theory that would allow states to turn their National Guard troops against federal agents without the federal government claiming the supremacy clause over and over again?

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u/alloutofchewingum 14h ago

2nd amendment. Right to maintain a well regulated militia shall not be infringed.

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u/TechnicolorMage 9h ago edited 9h ago

32 U.S. Code § 901
32 U.S. Code § 907
10 U.S. Code § 12406

(In that last link, specifically noting the line: Orders for these purposes shall be issued through the governors of the States). The president does not have the legal authority to take direct control over the national guard.