The show down continues between the several states in
particular Texas and the Department of Defense.
So what is the SECDEF suppose to do? Well the first thing he might do is revoke or
remove the ability of the affected National Guard’s from enrolling, modifying,
or issuing any DOD ID cards.
If Guard members from the affected states have issues with
their existing ID cards as they apply to or for access to Federal Facilities or
programs they and or their dependents will have to go to a DOD facility, not a
state facility to have these actions performed.
For example in Texas if a Guardsman or his family member
needs a new ID card they would have to go to their nearest Federal Military Reservation. That could be Fort Sam Houston, Randolph AFB,
Lackland AFB all now known as Joint Base San Antonio, or Fort Hood, or Fort
Bliss, or Dyess AFB, or Goodfellow AFB, or Laughlin AFB, or Sheppard AFB. They might even be allowed to receive this
service at Cannon AFB, or Holloman AFB (both in New Mexico), or even Altus AFB
(Oklahoma) or Barksdale AFB (Louisiana).
That would be up to the SECDEF.
Depending on the state there should be at least one site in
which a Guardsman and or their family member could go to for their
credentialing matters. They might have
to drive a few hundred miles, but nothing is too much for these individuals when it
comes to defending states rights.
But this is just the tip of the iceberg and I am sure that
the various states would or could find other issues to drive a wedge between the state
and federal government. Politians are a
very creative lot, although for many members they appear rather shortsighted group.
But this does raise a deeper question concerning the various
National Guards, and in particular Texas.
For many officers in the guard they hold dual commissions, one federal and
one state. There are officers of the
Texas National Guard that only hold state commissions. For all officers their oath of commissioning
for Texas states as follows
“I
______________________. Do solemnly swear that I will bear true faith and
allegiance to the State of Texas and to the United States of America; that I
will serve them honestly and faithfully against all their enemies whomsoever,
and that I will obey the orders of the governor of Texas, and the orders of the
officers appointed over me, according to the laws, rules and articles for
the government of the military forces of the State of Texas”
Title 4 Subtitle C. Chapter 432, Subchapter A, Sec. 431.007
Texas Statues.
The officers in the New York National Guard and most other
states, their commissioning oath is as follows
I, ______________________ do solemnly swear (or affirm) that
I will support and defend the Constitution of the United States and the
Constitution of State of New York against all enemies, foreign and domestic;
that I will bear true faith and allegiance to the same; that I will obey the
orders of the President of the United States and the Governor of the State New
York, that I make this obligation freely, without an mental reservations or
purpose of evasion, and that I will well and faithfully discharge the duties of
the Office of _________________ in the
Army/Air National Guard of the State New York upon which I am about to enter so
help me God.
NGB 337 20060801/
State of Oklahoma requirements
§4445. Oath of commissioned officers.
Oath for National Guard Officers. Each
commissioned officer, before entering upon the duties of his office, shall take
and subscribe to the following oath, or such other oath as may be required by
National Guard Regulations:
"I
.........., do solemnly swear that I will support and defend the Constitution
of the United States and the Constitution of the State of Oklahoma against all
enemies, foreign and domestic; that I will bear true faith and allegiance to
the same; that I will obey the orders of the President of the United States and
the Governor of the State of Oklahoma; that I make this obligation freely,
without any mental reservation or purpose of evasion, and that I will well and
faithfully discharge the duties of the office of ......., in the National Guard
of the United States and the State of Oklahoma upon which I am about to enter,
so help me God."
Laws 1951, p. 116, art. 3, § 5, eff. May 16,
1951.
But for those who hold dual commissions, and typically their
federal commission was their first commission the first oath that they recited
was
“I
_______________________, having been appointed an officer in the Army of the
United States, as indicated above in the grade of __________ do solemnly swear
(or affirm) that I will support and defend the Constitution of the United
States against all enemies, foreign and domestic, that I will bear true faith
and allegiance to the same; that I this obligation freely, without any mental
reservations or purpose of evasion; and that I will well and faithfully discharge
the duties of the office upon which I am about to enter; So help me God.”
DA Form 71, 1 August 1959.
There are two aspect of the Texas National Guard Officers
oath that just does not sit right with me and those passages are
“ I will bear true faith
and allegiance to the State of Texas and to the United States of America”
“I will obey the
orders of the Governor of Texas”
The first passage the order of precedence is important the
individual is swearing allegiance to the State of Texas and almost as an after thought
to the United States of America. In the
law, the order of objects is everything. When there are
two possible conflicting demands required by a contract typically the first one cited takes precedence
over the latter.
Not to put too fine of a point on the subject but this second
passage from the Texas Oath is even more disturbing in that reminds me of a
line from the Reischwehreid. This was
the oath sworn by Wehrmacht officers and soldiers and German civil servants for
the years 1934 to 1945. Which was an
oath of loyalty to the
“Leader of the German
empire and people,”
Granted the Texas Oath unlike the Reischwehreid actually
stops at requiring the applicant from reciting or naming the current governor
by name when they take the oath, but in the end that is not really a fine
distinction. The Texas Oath could only
have been better if had the applicant renounce any and all previous oaths of
allegiance, but I suspect that would have resulted in bad Juju coming down on the State of Texas by the federal government.
The Federal Oath of Allegiance states that the candidate is to “support and defend
the Constitution of the United States”.
It is not an Oath of Allegiance to a particular state, or branch of
government, and especially not to particular office or officer of the
government. It is accepted that the
document (Constitution of the United States) is lawful, and that any orders to defend of the document are lawful.
For majority of the states their required Oath for Officers
in their respective National Guards is first an allegiance to the Constitution
of the United States, then to the Constitution of their respective state, and
if so stated to orders of the President of the United States and then to the
orders of their respective Governor.
So as I read the Texas Oath, an officer in the Texas
National Guard first allegiance is the State of Texas, and then to the United
States of America, and that they are to obey the orders of the Governor of
Texas and those officers appointed over them.
The oath is silent as to order from the President of the United
States.
There is no requirement in the
oath for Texas to determine whether the orders are lawful either under the State of Texas
Constitution or even the United States Constitution since the candidate has not
explicitly sworn any allegiance by this Oath to support or defend the
Constitution of the United Stares or for that matter the Constitution of the
State of Texas, they have only sworn an oath to defend Texas, and then the United States of America, and explicitly accept orders from the Governor, and his appointed officers.
This is very disturbing, given this Officers Oath for the
National Guard in Texas. The next
question should be whether United States Government via the Department of
Defense actually providing funds to this organization?