News TX Gov. Perry and What He Would Change in the Constitution

[SW VandeCarr]

The Black Panther voter intimidation case comes to mind...'

The various immigration battles can be cited - basically, the states claim they have the right to enforce immigration laws - even if the Federal Government chooses not to:
Whatever the result, the panel's decision is the first step on a long road: legal experts expect the case to reach the Supreme Court. It is unclear when the panel will rule.

The Justice Department lawsuit, filed in July, triggered opposition from Republicans but praise from civil rights groups"

Then the courts will decide. And whatever they finally decide will be the law until a future Court decides otherwise (or until the laws are changed according to a constitutional process.).

 

[TheStatutoryApe]

Afaik, Congress can authorize federalizing the National Guard and did so in 2005. I don't know if that's a standing authorization or if it must be renewed from time to time. "Normally" Guard units are under the control of the states. Clearly, National Guard troops are currently serving in the US military and therefore under the actual control of the Executive . Congress can delegate and recall authority to and from the Executive when that authority is not specified in Article II of the Constitution. Also, only Congress can authorize funding to the executive and can influence policy this way. However afaik, Congress does not directly administer any enforcement unit. I don't see how it could.

http://www.stateline.org/live/details/story?contentId=170453

Article I, Section 8; Clause 15 tells what the grounds are for calling up the Guard.

Clause 15 provides that the Congress has three constitutional grounds for calling up the militia -- "to execute the laws of the Union, suppress insurrection and repel invasions." All three standards appear to be applicable only to the Territory of the United States.

http://www.arng.army.mil/aboutus/history/Pages/ConstitutionalCharteroftheGuard.aspx
I underscored the relevant bit. There are several more notes on that page regarding the law on the topic of the Guard.