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On August 1, 24 members of the National Governors Association sent a letter of protest to the House Committee on Armed Services. The strongly worded letter was a reaction to a provision of a bill that would allow the president to seize control of the National Guard without gubernatorial consent. The controversial bill, part of the National Defense Authorization Act, would permit the president to federalize National Guard units in the event of "a serious natural or manmade disaster, accident, or catastrophe that occurs in the United States, its territories and possessions, or Puerto Rico." The proposal, born of the chaos following the Hurricane Katrina disaster, was passed in the House but awaits Senate approval.
The radical proposal is in direct violation of Article 1, Section 8 of the U.S. Constitution, which expressly prohibits the president from mobilizing state National Guards without the consent of Congress. The unabashed attempt to deny the constitutional responsibility of state ...