# Military not following illegal orders-How reliable is that?

**URL:** <https://boards.straightdope.com/t/military-not-following-illegal-orders-how-reliable-is-that/1019407>\
**Category:** Great Debates\
**Created:** [June 10, 2025, 2:24am UTC](https://boards.straightdope.com/t/military-not-following-illegal-orders-how-reliable-is-that/1019407 "2025-06-10T02:24:15Z")\
**Posts on this page:** 1\
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**Author:** ![Stranger\_On\_A\_Train](https://avatars.discourse-cdn.com/v4/letter/s/13edae/32.png) [@Stranger\_On\_A\_Train](https://boards.straightdope.com/u/Stranger_On_A_Train)\
**Post date:** [June 10, 2025, 3:19pm UTC](https://boards.straightdope.com/t/military-not-following-illegal-orders-how-reliable-is-that/1019407/18 "2025-06-10T15:19:23Z")

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> [@Chronos](#):
>
> This is why I said that Newsome should have ordered the California National Guard to refuse Trump’s mobilization order, because it would have forced them to think about which orders were legal.

This is getting really tiresome:

> [@Is the President calling out the National Guard constitutional?](https://boards.straightdope.com/t/is-the-president-calling-out-the-national-guard-constitutional/1019369/23):
>
> Again, the President does actually have authority to call up the National Guard and state militias. This is not a matter of opinion; it is statute law:
> 
> > [10 U.S. Code § 252 - Use of militia and armed forces to enforce Federal authority  
> > _Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion._](https://www.law.cornell.edu/uscode/text/10/252)
> 
> > [10 U.S. Code § 253 - Interference with State and Federal law  
> > _The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it—  
> > (1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or  
> > (2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws._](https://www.law.cornell.edu/uscode/text/10/253)
> 
> Although still under notional control of the state governor, the President can issue a proclamation for “insurgents” to disperse:

Stranger

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