They can be “nationalized”, which is supposed to be done as an absolute last resort. Before Trump, the only historical precedent I can think of was for the Little Rock Nine (students in Arkansas during the civil rights era) having the state guard nationalized by Eisenhower to protect them from harassment by the Governor of Arkansas.
TLDW; punishment can include the death penalty. It’s also a system designed to punish disobedience immediately and only much much later provide an opportunity to prove the orders you disobeyed were unlawful and thus the punishment you already suffered was wrong. That’s a very very high bar to pass as well.
They can be “nationalized”, which is supposed to be done as an absolute last resort. Before Trump, the only historical precedent I can think of was for the Little Rock Nine (students in Arkansas during the civil rights era) having the state guard nationalized by Eisenhower to protect them from harassment by the Governor of Arkansas.
Wikipedia link: https://en.m.wikipedia.org/wiki/Little_Rock_Nine
Edit: replaced “support” with “resort” (mobile keyboard moment)
Edit Edit: replaced “unit” with “era” (I hate mobile keyboard autocorrect)
They were also federalized and sent to Iraq and Afghanistan.
Whoopsies! Who knew that would be an issue in the future?
Can they refuse?
No.
Here’s the LegalEagle explaining why.
TLDW; punishment can include the death penalty. It’s also a system designed to punish disobedience immediately and only much much later provide an opportunity to prove the orders you disobeyed were unlawful and thus the punishment you already suffered was wrong. That’s a very very high bar to pass as well.
Boo