Presidential authority over the NG is found in Article II, Section 2:
The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States...
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This power over the militia (today NG) is not absolute. Congress may prescribe certain conditions. See Article I, Section 8:
To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States...
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The actual law that controls how and when the Guard is called up in emergencies is the The National Defense Act of 1916. There are also limits set out in the
Posse Comitatus Act of 1878. One of the specific limits is that troops cannot enter the state to enforce the laws UNLESS REQUESTED BY THE GOVERNOR.
The specific US Code section on how disasters are declared is 42 USC5170. It quite clearly states that only the GOVERNOR can declare such a state of emergency:
All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As part of such request, and as a prerequisite to major disaster assistance under this chapter, the Governor shall take appropriate response action under State law and direct execution of the State's emergency plan. The Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements of this chapter. Based on the request of a Governor under this section, the President may declare under this chapter that a major disaster or emergency exists.
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