Op/Ed: Bush Extends Conscription of a National Guard that Has No Business Being in Iraq.

[Mugsy]

From "Mugsy's Rap Sheet":

(...)

In his first inaugural address, Thomas Jefferson described use of the National Guard as:

“…a well-disciplined militia, our best reliance in peace, and for the first moments of war, till regulars may relieve them.“

Title 10 of the U.S. Constitution permits the President to Federalize the National Guard under the following conditions:

Whenever—

(1) the United States, or any of the Territories, Commonwealths, or possessions, is invaded or is in danger of invasion by a foreign nation;

(2) there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or

(3) the President is unable with the regular forces to execute the laws of the United States;

(...)

President Bush’s 21,500 troop “augmentation” will depend heavily on the National Guard and Reservists. You may be asking yourself: “Why 21,500? Why not 22,000 or 25,000?” Because that is the absolute maximum they can scrounge up, pulling troops from other vital interests around the world (the Korean DMZ for example), and now holding Guard troops for more than 24 months, the military has been maxed out. The Bush Administration has tipped its hand. Insurgents in Iraq now know that we can’t send in any more troops. That’s it. So, if they just hold out long enough, they know there is no “Plan B”. And all this saber-rattling against Iran & Syria, they now know is just that.

We have had as many as 165,000 troops in Iraq at one time, and the country could not be brought under control. We presently have 145,000 troops in Iraq. This “surge” will up that number to 166,500. Is the Pentagon SO incompetent that “all we needed was just 1,500 more troops” and the war could of been “won” three years ago? I don’t think so. 166,500 troops in the midsts of a civil war are not going to be able to achieve anything 165,000 troops could not achieve fighting an insurgency.

Our Reservists and National Guard troops have no business Nation Building or refereeing a Civil War in Iraq. As described in “Title 10″, the Governors of each state have the power to recall those National Guard troops back to the United States. It is past time for them to exercise that right.

Read full blog entry at "Mugsy's Rap Sheet".

[Benhurst]

1. Enthusiastically recommended #1

[Mugsy]

4. Thanks.

Bush has no legal right under the Constitution to use National Guard and Reservists for this. Period.

[atreides1]

2. Technically Speaking

I think this applies to the current situation:

(3) the President is unable with the regular forces to execute the laws of the United States;

By using this part of the Iraqi War Resolution:

Whereas members of al Qaida, an organization bearing responsibility for attacks on the United States, its citizens, and interests, including the attacks that occurred on September 11, 2001, are known to be in Iraq ;

At this point in time none of the other reasons listed in the IWR apply, but as long as al Qaida has members in Iraq the IWR applies.

And since the resolution is technically a law which was passed by the US Congress and signed by the President, Bush can be considered to be in compliance with the Constitution when utilizing National Guard troops.

If you don't believe me read the resolution!!!

[Mugsy]

3. Not the "Spirit of the Law".

#3... "enforce the laws of the U.S." does not apply outside the borders of the U.S.. And going after al Qaeda anywhere is not (according to Bush) a matter of "law enforcement".