Important Constitutional Question (aren't they all?)

[FairBol]

I just saw that President Trump has ordered National Guard units to the southern border.  The governor of Oregon has stated (via Twitter) that if she's asked to commit Oregon Guard troops to this effort, she will refuse.  10 USC 12301 apparently says this on the subject:

"At any time, a member of the National Guard may be ordered to active duty voluntarily with his or her consent and the consent of the Governor". 

Anyways, here's my question: can the governor of a state refuse the president's order to federalize their state guard? And moreover, does the president have the authority to federalize the Guard if a rebellion is NOT taking place?

I'm anxious to hear the answers to this question. 

[True Federalist (진정한 연방 주의자)]

See 10 USC 12406.

[brucejoel99]

W/ regards to Trump's proclamation directing the departments of Defense & Homeland Security to work w/ state governors to deploy National Guard troops to the U.S. border w/ Mexico, in fact, governors such as Brown do have some power to say no.

Trump's proclamation activates National Guard troops under Title 32 of the U.S. code, or "Full-Time National Guard Duty." This allows governors to place National Guard troops on full-time duty if they choose, w/ the OK from the President. Under the statute, troops would continue to operate under the command of the state, though funding would come from the federal gov't.

That's very different from a Title 10 order, which the governor likely couldn't reject depending on the nature of the request. Indeed, a Title 10 order would activate OR's National Guard as part of the federal military; now, that's something that's controlled by the President, & that’s usually when troops are, say, sent to a war zone for a federal mission. Governors have very little control over whether or not the President can call the National Guard in those circumstances.

However, the governor does have some authority a Title 10 "Voluntary Order to Active Duty" is applied. Troops still need the consent of the governor in that scenario.

Of course, w/ the Title 10 activation off the table, Brown's response to the deployment is at least partially a political response as much as a policy decision. She's running for re-election & has been positioning herself as an anti-Trump candidate on everything from marijuana to immigration. But that's not to say her decision, while political, isn't constitutional because under the present circumstances, legally, it's a-okay.