> Eh this isn't quite clear. National Guardsmen take an oath to the Constitution and to follow the orders of both the President and the Governor.
It's quite clear that the Constitution expressly gives the President command of state militia when called into federal service, and Congress the power to specify the conditions for that, and that the Congress has specified procedures for that in law which rest solely on a Presidential determination. Each of those is black and white in law and has been demonstrated in practice as well.
That's not to say that that constrains what can actually happen in a Constitutional crisis: that's what makes Constitutional crises possible -- the black and white rules are not self-enforcing and require human decisions to align with them, and humans are always free to decide to do something else.
It's quite clear that the Constitution expressly gives the President command of state militia when called into federal service, and Congress the power to specify the conditions for that, and that the Congress has specified procedures for that in law which rest solely on a Presidential determination. Each of those is black and white in law and has been demonstrated in practice as well.
That's not to say that that constrains what can actually happen in a Constitutional crisis: that's what makes Constitutional crises possible -- the black and white rules are not self-enforcing and require human decisions to align with them, and humans are always free to decide to do something else.