@MugsysRapSheet - So, this was one of the GoogleAI sources cited (I also found it on my own).
#MovementLawLab - No Troops in our Cities: What You Need to Know if President #Trump Attempts to Deploy #NationalGuard Units in Your Area
You have the same rights under the U.S. Constitution and state law regardless if the law enforcement officer: National Guard, police, ICE, FBI, military troops, etc. It’ s important to know & assert your rights!
What is the National Guard?
The National Guard is a military force composed of the Army and Air National Guard who are engaged on an as-needed basis in states and D.C. The National Guard is commanded by the Governor.
#PosseComitatusAct & #InsurrectionAct
Under federal law, the military cannot engage in civilian law enforcement: they cannot stop, search or arrest civilians
Under martial law, a military commander has the authority to make and enforce laws and suspend existing laws. By contrast, the Insurrection Act generally permits the military to assist civilian authorities, not take their place. Under current law, the president has no authority to declare martial law (and any declarations would be subject to judicial review).
When Can the National Guard Be Deployed in Your City by the President?
These deployments are unnecessary, immoral, and are unconstitutional and illegal when invoked without the consent of the State Governor.
National Guard may be deployed by POTUS to execute state/federal missions with the consent of a State Governor. POTUS may also invoke the National Guard to be deployed in a state for a limited set of circumstances, with or without the consent of that Governor. If the President federalizes the National Guard, the National Guard is under the same chain of command as active-duty military, with federalized troops now falling under the command of the Secretary of Defense and POTUS.
In this case he could do it under the following:
SCENARIOS OF NATIONAL GUARD DEPLOYMENT WITHOUT CONSENT:
The President can deploy troops if a State’s Governor asks for aid to suppress an insurrection in the state. (Title 10 USC § 251).
The President can deploy troops to suppress an “insurrection,” “rebellion” or “domestic violence” that prevents the execution of laws with or without the consent of the Governor. (The Insurrection Act, Title 10 USC §§ 251-55).
The President can deploy troops to stop an “invasion” by a foreign nation, a “rebellion” against the authority of the government of the U.S. or is unable to
execute the law. (Title 10 USC § 12406)."
PDF link to #NationalGuardPrimer:
https://static1.squarespace.com/static/6421f3b9a80b59472cde6a9e/t/68f8ef0d479e3d7c30e4bb73/1761144589954/NG+Primer_Final.pdf