Defense Authorization Act for Fiscal 2007

The language doesn't just brush aside a liberal Democrat slated to take over the Judiciary Committee come January. It also runs over the backs of the governors, 22 of whom are Republicans.

The governors had waved red flags about the measure on Aug. 1, sending letters of protest from their Washington office to the Republican chairs and ranking Democrats on the House and Senate Armed Services committees.

No response. So they petitioned the party heads on the Hill — Sens. Bill Frist, R-Tenn., and Harry Reid, D-Nev., Speaker of the House J. Dennis Hastert, R-Ill., and his Democratic opposite, Nancy Pelosi of California.

"This provision was drafted without consultation or input from governors," said the Aug. 6 letter signed by every member of the National Governors Association, "and represents an unprecedented shift in authority from governors . . .to the federal government."

"We urge you," they said, "to drop provisions that would usurp governors' authority over the National Guard during emergencies from the conference agreement on the National Defense Authorization Act."

Again, no response from the leadership, said David Quam, the National Governors Association's director of federal relations.

On Aug. 31, the governors sent another letter to the congressional party leaders, as well as to Defense Secretary Donald H. Rumsfeld, who had met quietly with an NGA delegation back in February.

The bill "could encroach on our constitutional authority to protect the citizens of our states," they protested, complaining again about how the provision had been dumped on a midnight express.

"Any issue that affects the mission of the Guard in the states must be addressed in consultation and coordination with governors," they demanded.

"The role of the Guard in the states and to the nation as a whole is too important to have major policy decisions made without full debate and input from governors throughout the policy process."

More silence.

"We did not know until the bill was printed where we stood," Quam said.

That's partly the governors' own fault, said a Republican Senate aide.

"My understanding is that they sent form letters to offices," she said. "If they really want a piece of legislation considered they should have called offices and pushed the matter. No office can handle the amount of form letters that come in each day."

Quam disputed that.

"The letter was only the beginning of the conversation," he said. "The NGA and the governors' offices reached out across the Hill."...