There is an interesting conflict growing between the federal and state governments over same-sex benefits after Oklahoma joined Texas, Mississippi and Louisiana this week in limiting the benefits for same-sex benefits. Yesterday, Oklahoma decided that the Oklahoma National Guard will no longer process benefit requests from same-sex couples by order of Gov. Mary Fallin. The Obama Administration maintains that the national guards must comply with federal law on such benefits in what could be a test of the remaining state control over national guard units.
The Guard is the direct descendent of the state militias from the founding of the Republic. The state control of such militias was always a problem in the Revolutionary War where their command and frankly fighting consistency remained controversial. The units could be called into federal service under Article I, Section 8; Clause 14 by Congress when “calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.” The Militia Act of 1903 created the present National Guard system.
After Vietnam, the federal government cannot uniform training and standards for state units to make them more interchangeable with regular units. The federal government has progressively asserted more and more control over the units. In 2007, The John Warner Defense Authorization Act of 2007 declared that the Governor of a state would no longer be the sole commander in chief of their state’s National Guard during emergencies within the state — allowing a President to assert control. Then in 2008, in the National Defense Authorization Act 2008 Congress expanded the authority of a President to call up the National Guard of the United States during national emergencies. These changes were opposed by many governors, but Congress (showing a continued disconnect between members of Congress and their states). In 2006, all 50 governors opposed the expanded control of the federal government over the state units.
This latest controversy is different in one respect. It does not deal with military readiness or conditions for services, but the collateral question of marriage benefits. It could be the last fight over whatever remaining state control exists for the units. It is also the natural progression of increment but consistent federalization of these state units — making them effectively part of the federal military and simply at the disposal of the states. In that sense, it has elements reminiscent of the Obamacare fight where Chief Justice John Roberts recognized federalism and then gutted it by creating a huge hole for things declared to be taxes.
The odds favor the federal government in such a fight, but there are strong state interests and good-faith arguments to be made here. Moreover, it will be interesting to see if the White House welcomes such a fight at this time. The National Guard remains a prized institution for many who still do not accept that they are merely an auxiliary federal force.
Source: Ok.com
BTW:
Personal I think these politicians bowing to local religious sects/cults is a huge mistake politically long term.
The scam of Blue team vs Red team is breaking down.
GOP Politicians should have been explaining to religious leaders that the govt isn’t meant to be God, it’s only meant for basically filling chug holes, etc…
That if religious leaders insist on attacking others “Rights” it’s only a matter of time before their religious “Rights” are also taken away.
And now they’ve gotten the egg on their face they’ll have trouble getting it off.
AY,
We agree on that, however, in the end I think it’s going to be a Supremacy Clause issue via the 14th Amendment.
I don’t know about the same sex dispute…. If the Presdent orders it then the Feds pay for it…..simple… But, if this burden of payment rests with the states…. Then, maybe… The 10th amendment issues are troublesome for the Feds….is this another unfunded mandate…. In a similar fashion to no child left behind…..
JT is right on top of the real target.
” In that sense, it has elements reminiscent of the Obamacare fight where Chief Justice John Roberts recognized federalism and then gutted it by creating a huge hole for things declared to be taxes. ”
Large numbers of police/military already hate most of Obama & his friends policies.
It may be sooner then you think, Obama giving us his best Nixon wave as he leaves office just as disgraced.
http://www.prisonplanet.com/convoy-to-d-c-truckers-to-shut-down-america-in-october.html
OS,
While doing some DD on this subject I ran across another Barry Seal & Gary Webb. 😉
Most of us are just stuck in the middle of ongoing turf wars between rival gangbanger mafias.
Like with the streets of LA, everyone needs to know which Alphabet soup agency is in control of the local gangbanger bloods, crips, etc…
I’ve for a long time considered Oklahoma under control of what I know as the Dixie Mafia, think big oil/gas, etc…
(What, you thought Frank Phillips got rich pumping oil, that’s the story isn’t it? lol )
Obama just happens to be the press secretary for the ole Chiraq mafia, (Chicago),
That merged in part with the Boston mafia, both having their strings pulled by Wallst’s owners, the Genovese crime family. ie: Deepcapture web site
Anyway, here’s an interesting piece of fiction about Obama’s old family member,Frank Nitti.
http://articles.chicagotribune.com/1987-06-29/features/8702170754_1_frank-nitti-crime-syndicate-pulled/3
….”refusing to benefits…” Ya mean refusing to pay benefits? Or distribute benefits. Or reap benefits. Or condone benefits.
It helps some if they understand the motives behind American hating Mafia scum like Obama, John Roberts, Clinton’s, Bush’s, etc…
Here’s one of their motives, absolute Nazi Gestapo control of the USA.
Ya, just like Hitler’s buddies “in every way”, without the Swastikas.
“In the puppet’s own words”.
Is the Governor breaking federal Law? If so, arrest her and jail her until it comes to trial! She is interfering with national security by interfering with the national guard. If the DOJ can do what they are doing to whistle blowers surely they can take strong steps against this person. 🙂 sort of.
Just one more reason to stay out of Oklahoma. If you are gay, you are a second class citizen in OK.
Professor Turley,
I’ll proofread your articles, if you send them to me.
No extra charge.
Is it the Oklahoma Guard, or the National Guard?
If it’s the National Guard, it’s subject to the Federal Gummint.
The Feds pay most of the wages and costs.
I don’t see a problem, here. Unless OK makes one. OK is already a problem, by itself.
A power struggle dressed in military drag?
U.S.eh? Politics: the math destroyer.
“Chief Justice John Roberts recognized federalism and then gutted it by creating a huge hole for things declared to be taxes.”
The Obamacare tax, which the statute calls a fine, but Roberts correctly recognized as a (head or poll) tax, is constitutional (Breedlove v. Suttles 302 U.S. 277 (1937)). Those who obtain approved insurance are credited with the tax having been paid.
The only restriction on head taxes is that no one can be denied his vote for nonpayment (24th Amendment). According to the current in-practice doctrine that the federal government has all powers not specifically withheld the poll tax is constitutional for the federal government as well as the states.
WHOOAAA*!* – Don’t you think Oklahoma has had to suffer enough without piling the hatred of minuscule minded Bigots on too????? Who’s in charge there? Probably the filthy rich as they are everywhere else.
OS, The Truman Library website is a treasure trove of Cold War records, my favorite historical period. When I lived in KC I visited it often, but the website makes it always available.
I can see a Tenth Amendment squabble looming on the horizon. However, there is precedent, if we recall Executive Order 9981 which President Truman issued on 26 July 1948.
http://www.trumanlibrary.org/9981.htm
See! Those dead kids in the school are the result of this governor’s decision.
I can already see this thread in my head. It is not “Visualizing World Peace.” It is closer to “Visualizing Swirled Peas.”
When the ”LOAD” picked Oklahoma as the site for multiple Tornados….. he knew what he was doing. OKLAHOMA….. you really do need to, just blow away………….