April 18, 2009

Keep Oregon's Guard in Oregon Since the Basis for Federalizing National Guards No Longer Exists

...and the central legal principle behind the Campaign: the 2002 AUMF can no longer be used as the means for federalizing the National Guard. The AUMF has expired because its mission has been fulfilled. Saddam Hussein ceased to be a threat years ago, and Iraq never had weapons of mass destruction. With the Authorization fulfilled, the basis for federalizing National Guards no longer exists. This is not an opinion; Title 10 requires that the President receive legal authorization to federalize the National Guard. The AUMF of 2002 was held to be such authority; the Campaign to Keep the Guard in Oregon asserts that authority has long since lapsed.

If President Obama and the Congress want to federalize the Oregon National Guard, they need only pass the appropriate legislation. If they believe they are just in sending the Guard to Iraq and Afghanistan, an authorization to that end should be a simple matter. If they cannot, or will not, pass a new and valid authorization, then they have no business attempting to federalize the National Guard in violation of the law.

-Posted about a month ago by T.A. Barnhart of Portland, Oregon.

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