Posted on Dec 29, 2021
Federal judge rejects Oklahoma's bid to block National Guard vaccine mandate
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Unless the Judge doesn't believe that the National Guard is the Militia, the Judge needs to re-read the Constitution.
"The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States." *When called into the actual service of the United States.* The President, and subsequently the Secretary of Defense, has no authority in this matter unless or until the Oklahoma National Guard is placed on Title 10 orders. Until them the Governor if Oklahoma is my Commander in Chief, not the President of the United States.
The Constitution is the ultimate source of merit, or should be.
"The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States." *When called into the actual service of the United States.* The President, and subsequently the Secretary of Defense, has no authority in this matter unless or until the Oklahoma National Guard is placed on Title 10 orders. Until them the Governor if Oklahoma is my Commander in Chief, not the President of the United States.
The Constitution is the ultimate source of merit, or should be.
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Capt Gregory Prickett if the Court were diligent in following its own precedent, then it would be struck down as an unconstitutional delegation of the authority of Congress. But the courts are all but hopeless.
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Capt Gregory Prickett who is the Commander in Chief of a state's National Guard when not in Title 10 status?
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Capt Gregory Prickett rereading the judge's statements, I think it's possible that he doesn't think the National Guard is the militia any longer, and there is some merit to that view. If so, that would change the whole rubric.
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