Standing up to a bully can be a futile effort. Sometimes, you just have to take your game and bruised shin to the other side of the street.
With the efforts of some in the Arizona Legislature to form a Homeland Security Force in response to the increased federalization of the National Guard, our representatives are considering turning this neighborhood rule into policy.
The proposed measure, spearheaded by State Sen. Jack Harper, would begin the development of the equivalent of a state militia available to the governor during crises.
Talk of the new state arm began after the U.S. Congress passed legislation giving the president unrestrained authority in state matters involving the National Guard. The move was historic, altering 200-year-old legislation, defining the balance of power between the state and federal governments.
In the end, the bill stripped governors of power in managing their militias and the problems of their states.
According to the Insurrection Act of 1807, the president was only able to take unilateral control of the Guard in state matters in order to put down rebellions or enforce constitutional rights. The recent legislation amended that act to allow the president to take full control at his discretion in times of "natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident."
State governors lobbied relentlessly to retain control of the matters of their state. When the legislation was being considered, all of the country's 50 governors joined to voice objections. In a letter to Congress, the National Governor's Association asserted, "Any issue that affects the mission of the Guard in the states must be addressed in consultation and coordination with governors."
However, with little media attention, the bill was passed, couched quietly in the 439-page 2007 Defense Authorization Bill, spreading the president's control under the thick-leafed umbrella of national defense.
Now, at a loss, the Arizona Legislature is considering joining the 22 other states that have formed militias independent of the guard. On their side is principle. In Sen. Jack Harper's words, "It's just the constitutional right of the state to have its own force."
Complicating the issue, though, is logistics. The usual questions are being asked. Where is the money going to come from? Do we really want to complicate the system in place? Then, there's criticism of those who do not trust that our state is capable of raising a respectable force.
But the strength of these questions is buckling under the weight of principle.
In other words, the federal government is acting the part of a bully, throwing its weight around in the self-interest of power, and to save face in case of another tragedy like Hurricane Katrina.
It may be time to step away from the game and leave the court to the bully to start our own.
Forming Arizona's own Homeland Security Force may be the right idea.
But maybe it's time for the states to hold their ground and stand up in face of the bully that has been pushing a little too hard and for a little too long.
Reach the reporter at: matthew.bowman@asu.edu..
