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Cake day: June 11th, 2023

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  • Except Trunp federalized the California state force

    No, he did not. He federalized the California National guard. The State Guard is a lesser-known organization that answers solely to the Governor. They cannot be federalized. Which is why we’re probably going to be seeing states putting more of their resources into their State Guards and less into their National Guard units.

    As for the CA National Guard: Article I, Section 8, Clause 16. The State retains the sole authority to appoint the officers of the Militia.

    10 USC 246. The National Guard is the Militia.

    Newsom has the authority to appoint the officers of the National Guard. Revoking the appointments of the Commissioned and Non-Commissioned officers of the California National Guard, he effectively disbands the organization.

    Trump has no authority to override Newsom’s authority here.




  • That determination can only be authoritatively be made by the courts. Until the courts say otherwise, the president’s order is presumed lawful, and the subordinate officers are compelled to obey it.

    The order is one that the president is allowed to make in the specific circumstances described in the order. If the courts determine those circumstances are present, the order will have been determined to be lawful.

    Newsom’s authority is limited to the “appointment of officers”. He can functionally disband the California National Guard, but he can’t otherwise countermand the president’s order.




  • The command structure allows the president to issue those orders. The president’s justification for issuing those orders is illegal; the orders themselves are not.

    The command structure also constitutionally empowers Newsom to fire the commissioned and non-commissioned officers of the California National Guard, effectively disbanding their units.

    I’m betting that California has some emergency provision allowing the governor to deputize these individuals into the California State Police.

    I think Trump has done enough here to actually get himself convicted by the senate.








  • That’s not true. All nuclear weapons

    Intercontinental Ballistic Missile. ICBM. You’ll note that there is no “N” in that initialism. The presence or absence of a nuclear weapon is irrelevant. The missile itself is what I am talking about.

    The missile, and all of the essential technology for building and operating it, are subject to export controls. ITAR and EAR, which apply not only to the physical items, but to the IP associated with those items as well.

    ITAR doesn’t prevent SpaceX from moving its base of operations to another country.

    ITAR allows SpaceX to take the name of the company to another country, and that’s about it.

    Not the hardware, software, IP, or anything they would need to actually conduct their operations from that country.

    StarLink could (probably) be moved out of the US, and rely on foreign launchers to maintain their satellite constellations. But not SpaceX, unless the US government specifically permits them to do so. Which they won’t.


  • SpaceX operates a fleet of privately owned ICBMs under license from the US government. Without the license and authority of the US government, SpaceX’s fundamental operations would be criminal: You and I would be arrested if we tried to build an ICBM without government permission.

    The intellectual property they are using is subject to ITAR regulation. Any American trying to transfer that IP outside of the US would be quickly indicted. Any foreign government using or authorizing the use of that IP would be heavily sanctioned.