Attorney, Views are my own and not intended as legal advice 😁
![We conclude that the term “regular forces” in §12406(3)
likely refers to the regular forces of the United States mili-
tary. This interpretation means that to call the Guard into
active federal service under §12406(3), the President must
be “unable” with the regular military “to execute the laws of
the United States.” Because the statute requires an assess-
ment of the military’s ability to execute the laws, it likely
applies only where the military could legally execute the
laws. Such circumstances are exceptional: Under the Posse
Comitatus Act, the military is prohibited from “execut[ing]
the laws” “except in cases and under circumstances ex-
pressly authorized by the Constitution or Act of Congress.”
18 U. S. C. §1385. So before the President can federalize
the Guard under §12406(3), he likely must have statutory
or constitutional authority to execute the laws with the reg-
ular military and must be “unable” with those forces to per-
form that function.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:5was4yaud77egvxqgrfjvcdq/bafkreidcsjsubezta6dqb6lchopkz4w7rkz4wq5hxg5qnwqo7vaihnpsbq)
Attorney, Views are my own and not intended as legal advice 😁