SUBJECT: Constitutional Law and the Crisis with Canada.
In light of the recent situation between Washington state's fishing vessels and the Canadian Navy, the President has openly stated that he is "prepared to identify and activate Army National Guard troops" as a countermeasure to Canadian attacks on our U.S. commercial fishing boats. In response to Canadian Naval aggressions, the President has determined that Army National Guard troops from Louisiana, based on their backgrounds in fishery, are best qualified to assist in continued operation of the fishing boats. Meanwhile, Louisiana ANG soldiers will be able to maintain security of the local fishermen, as well as safeguard our own national interests, which have been challenged by the Canadian government.
Since the President's initial response towards the U.S. - Canadian fishing dispute, a Louisiana National Guard soldier named Claude Bayou has come forward and challenged the potential deployment, threatening to sue the federal government on the basis that he believes he cannot be forced to "run fishing boats in the state of Washington." Bayou, a noncommissioned officer in the Army National Guard, plans on presenting his case before the federal district court. However, because Bayou is a member of the U.S. military, and therefore subject to laws under the Uniform Code of Military Justice, he is obligated to follow orders given by his legal chain of command. The President, as Commander in Chief, is vested with the power to deploy American forces and commit them to military operations when he deems such actions necessary. "Running fishing boats in the state of Washington", as Bayou puts it, can be considered to be covered under the broad scope of military operations, if one considers the task of protecting American citizens. Bayou is thus legally obligated to comply with orders, and deploy if told to do so. Should he further argue his case before the federal district court, it is more than likely that it will not be reviewed based on its nonjusticiability.