Little Rock 1954, National Guard refuses Federal orders

In 1954, the Arkansas National Guard was being used by the Arkansas governor to block black children from entering school. President Eisenhower federalized the Guard and they then switched their ops to protecting the black kids. Eisenhower also sent in units of the 101 Airborne Div. to ensure his orders were followed.

What happens if Governor Orval Faubus refuses to comply with Eisenhower's stand down order and instead Faubus orders the Arkansas National Guard to refuse their federalization order, and to continue to block black access to the school?
 
The most likely responses are:
1) The ARNG obeys federal orders, or
2) Returns to its armories, effectively saying "We don't want to play this game".

The ARNG (I've been a member, though much later) isn't exactly composed of fanatical Storm Troopers. Placed in an untenable position, they will either relent to the fed government to avoid an unwinnable conflict, or "depoliticize" their actions by RTB.

Edit: I think it would be obvious to the Guard leaders that this is a Constitutional-level crisis, and that it would have to be sorted out at much higher political echelons. Taking a firm stand behind Faubus could risk conflict, but could not help to resolve the root of the crisis. Plus, they'd know that their soldiers would be highly unwilling to be involved in a potential shooting war with the Army.

Edit 2: I don't know the relevant legal points, but the presence of contradictory orders from both legitimate sources of authority should give the Guard commanders sufficient justification for saying "We cannot obey either set of orders without legal clarification". Which, of course, could only be resolved by resolution of the underlying political conflict.
 
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I think being caught in this kind of situation would cause a mass resignation among the Guard enlisted soldiers. They won't return to their barracks. Instead they will return to their homes. It being better to risk the chance of desertion charges then to face the consequences of a mutiny against the National command authority.
 
I think being caught in this kind of situation would cause a mass resignation among the Guard enlisted soldiers. They won't return to their barracks. Instead they will return to their homes. It being better to risk the chance of desertion charges then to face the consequences of a mutiny against the National command authority.

They wouldn't even have to resign. Again, this isn't the Green Berets. Under the circumstances, if half the soldiers of the ARNG phone in saying that they can't come to duty due to "family emergency" or some such... well, after the thing is resolved in the fed gov's favor, I guarantee that no action would be taken against most of them. NG soldiers get a fair amount of leeway to begin with, and far more under these circumstances.

But again, my best guess is that the ARNG's leaders will reassure their soldiers, while telling Faubus (and possibly the fed gov as well) that under these conditions, the ARNG can take no action until the legal aspects are "clarified".
Which essentially takes the ARNG off the board while not blatantly defying either state or fed authority.
 
Chapter 3 of The Role of Federal Military Forces in Domestic Disorders, 1945-92 is worth reading on the subject

https://archive.org/details/CMHPub3020

http://www.history.army.mil/html/books/030/30-20/CMH_Pub_30-20.pdf


At that time, considerable doubt existed about the Arkansas National Guard. Numbering
somewhat more than 10,000 troops clustered in 114 Army and 11 Air Force units scattered
across the state, its members appeared none too reliable if the president called them to enforce
federal court orders on school integration. Indeed, a survey of opinion within the Guard taken
on General Taylor's orders in mid-September found that 80 percent would respond to a call
to federal service if not required to enforce the court order; 75 percent if required to do so;
and 65 percent if required to oppose other state forces such as the police.
Those findings left
substantial uncertainty as to whether the guardsmen might refuse to recognize a presidential
proclamation to disperse or decline a presidential summons to duty

...

Reflecting the president's desire to remove the entire Guard from Faubus' control,
Secretary of Defense Charles E. Wilson issued an implementing order at 1425 that after-
noon, calling into federal service "all of the units and the members thereof of the Army and
Air National Guard of the State of Arkansas for an indefinite period." Copies of the order
went to Faubus and to the commanding officers of both the state Army and Air National
Guards.
 

Driftless

Donor
So, Eisenhower could have ordered the Arkansas NG to go on manuevers in Alaska if he doubted their utility? Completely remove them from the scene.
 
So, Eisenhower could have ordered the Arkansas NG to go on manuevers in Alaska if he doubted their utility? Completely remove them from the scene.
Not sure but if I'm reading this right the answer would be "no".

Still to be worked out was a plan for calling the Arkansas National Guard into federal
service. There were two methods for doing so. Under the first, the president could call the
Guard to repel invasion, suppress rebellion, or execute the laws of the Union when he could
not do so with regular forces. Under the second, he might order the Guard into federal service
if Congress had either declared a national emergency or authorized the use of land forces in
addition to Regular Army troops.

Although Guard units retained their identities, the call procedure suspended their status
as state troops and made them part of the Army of the United States. Even so, they could
be used only within national boundaries and might see service beyond American shores
only for limited purposes. In addition, the troops had to be released when the terms of their
commissions and enlistments expired. By contrast, under the order procedure there were no
territorial limits on the Guard's use and its members could be held for six months beyond the
termination of a war or national emergency.
 
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