States’ rights concerns, including those pertaining to voting rights, the electoral college, mask mandates, vaccination laws, abortion rights, same-sex marriage, gun control, legalization of marijuana, education standards, and environmental restrictions, have been increasingly prevalent since 2020. The impasse between Governor Abbott and President Biden over the Texas border emphasizes the necessity for a careful discussion of the governor’s power to call in the National Guard.
With 10,000 migrants entering the country every day, Governor Abbott believes his state is facing a disaster. “I officially declared an invasion at our border because of Biden’s policies.” He sent out a tweet. As a result, he started Operation Lonestar, which involved deploying the National Guard to strengthen border security, stop unauthorized crossings, stop drug trafficking, and deal with other criminal activity. The Rutgers University Eagleton Center on the American Governor claims that “Governors are the commanders and chief of the state militias, with the responsibility to protect the safety of the states’ citizens.” The National Guard of the state is referred to as “militia” in this context.
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Every one of the 50 states, Washington, DC, Guam, Puerto Rico, and the Virgin Islands territory have their own National Guard forces. These organizations report to both federal and state authorities and function under a dual status. Governors can use this configuration to deploy them in the event of local emergencies, civil unrest, and natural catastrophes. Nonetheless, the National Guard of a state may be called into action by the president, generally for deployment abroad.
As seen by Tennessee’s National Guard forces supporting Texas at the border, which is reminiscent of help provided historically during Texas’s fight and the Battle of the Alamo, state governors have the authority to ask neighboring states for aid. States’ rights proponents fault the federal government for what they see as its apparent inability to adequately secure the border, contending that border security is a state responsibility. For them, the activation of the National Guard is a state reaffirming its authority to defend its residents inside its boundaries.
Federalism proponents encourage states to handle their own law enforcement and favor a clear separation of powers between federal and state authorities. This is demonstrated by the fact that every state and municipality in the United States has its own law enforcement organization, rather than a single, federal police force. Even though the FBI is a federal agency, its primary concerns are national security and the enforcement of federal laws.
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