More Stupid Governor
Tricks
Our illustrious governor, Ron DeSantis has, according to our local paper, stated his desire to revive and reactivate a World War Two organization, generally called the “State Guard” which was primarily aimed at civil defense and the possibility of resisting attack from a foreign power.
The article
says (and I quote) “Governor Ron DeSantis, citing a ‘yeoman performance’ by the
Florida National Guard says the state’s vaunted 12,000-member air and land
forces need some backup.” This might make sense, except for the fact that he is
referring to, and desires to fund, a state guard of two hundred volunteers who
would supplement the state’s quick responses during hurricanes and similar
emergencies. So, get this right: he says our 12,000-member guard would benefit
from adding two hundred more volunteers. Translating DeSantis speak, this
really means “I want to create an organization that cannot be federalized and
is under my direct control.” If that
doesn't scare the **** out of you, it should.
The end of the Cold War saw a significant
decrease, in general, of interest in state defense forces. While state defense
forces and civil defense organizations had been so closely linked that they
were almost one and the same, there was widely seen no “on the ground
necessity” for them any longer. The
attacks of September 11th, 2001, did generate some additional interest, even
though emergency personnel of highly trained and organized police and fire
departments did heroic service, and didn't need to refresh themselves on what
was required in an emergency as almost certainly any state defense force would
under the circumstances. There is also some general scrutiny from some in the
U.S. military who actually question the training and equipment of such units
and whether they simply provide an outlet for “warrior wannabes,” who might
would not otherwise qualify for service in the armed forces.
The currently
non-existent State Defense Force is a military entity described by the Florida
Statutes as a state-authorized militia prepared to assume the state mission of
the Florida National Guard in case all of Florida's National Guard units are
federally mobilized and authorized by executive order when the situation
requires. This implies that the only time activation of such a state guard
would be valid when be in the circumstance that all 12,000 members of the
Florida National Guard are otherwise occupied on federal orders. Presently only
450 members of the Florida National Guard are deployed or training outside the
state. Make sure you understand the implication: our governor believes that
although11 and a half thousand National Guardsmen are still within the state we
desperately need two hundred more under the governor's control and outside
federal regulation.
Reflecting on
today’s political divisions among citizens’ points of view, I find it highly
likely that those that volunteered for a state guard would be those who think
it is their role to defy the federal government, not support it. Why do I feel
that way? Simply because our governor, who wants to form this organization, has
already defied government recommendations regarding masks in public, government
regulations related to the safety of schoolchildren during the COVID pandemic
and has tried to pass a law which while, on paper aimed at quelling violent
protest, is so vague as to what constitutes “protest” that Mr. DeSantis could
simply order almost any peaceful demonstration quashed.
Thankfully,
the initial appeal of this law found it to be unconstitutional; however if it
goes to the Florida Supreme Court, DeSantis has friends there that might
actually allow this bad legislation, even though the lower court’s 90 page
ruling says, in part, the law is “vague and overbroad” and persons engaged in
peaceful protest or innocently in the same area, if the demonstration became
violent, could face criminal charges in his death penalties under the law.
Lest you think
even for a moment that no governor would do such a thing as misuse a state
guard, consider this: in 1934, Louisiana Senator, Huey Long, actually had his
political ally and pawn, the governor of Louisiana, mobilize members of the
Louisiana National Guard, armed with submachine guns, to raid establishments in
New Orleans that he considered immoral. He gave orders to “shoot without
hesitation” if resistance occurred. Gambling equipment was burned, prostitutes
were arrested and were actually frisked, nude, in public, and $25,000 which
today is equivalent to $376,000 was seized from private individuals and put
into government funds at Long's disposal. Authorities in the city had requested
no assistance and the Louisiana Attorney General declared Long's actions
illegal, but “The Kingfish”, in a very Ron DeSantis type statement, simply said
“Nobody asked him for his opinion.”
While it is true that this was misuse of the National Guard, it is a
shining example of what a demagogue might do with an even less regulated state
guard, and what action they might take undertake against their own constituency
without authority.
Following
ratification of the constitution, the militia generally underperformed again in
the War of 1812 and in the following decades many militias would show up for
musters with broom-sticks or cornstalks instead of rifles. This did not happen
in the Southern states of which, I remind you, Florida is one, because they
needed the militia to enforce slavery. What? a governor mobilizes a state
security, force to suppress a portion of the population? Never say never. And finally, consider that
even an ardent believer in Federal power, Alexander Hamilton grudgingly opined
that he thought militias were valid entities because, of course, militias would
be composed of “individuals the average citizen knows and trusts.”
Finally, consider this: the legal team for 17-year-old Kyle Rittenhouse referred to him throughout his trial as a member of “the militia” and a “minuteman” as if he were part of the patriotic forces fighting the British at Lexington in Concord in 1975. This terminology, although archaic, is still far too common in “gun circles” and we have seen more radicals acting as if the U.S. Constitution has somehow deputized them to form unregulated paramilitary groups. What Governor DeSantis proposes is little more than his own private paramilitary group, free to operate completely outside of federal control.
Might a “President DeSantis” (God forbid) attempt
something similar at the federal level?
If you can think of a worse
idea let me know.
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