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Much confusion exists over the various statutes that govern the use of the National Guard. A current adjutant general and former Air Force attorney provides a legal primer.
To understand the role of the National Guard in national defense and homeland security, one must understand the constitutional and statutory provisions governing use of military force by the federal and state governments.
It is important to have a clear understanding of current and evolving national defense and homeland security strategies and the organizational structure, funding sources and operational capabilities of today's Army and Air National Guard.
Dunng the Cold War, elected officials were often veterans or active reserve-component members whose personal experiences helped shape their understanding of these issues.
Today, few public officials are reservists or veterans. It is vital, therefore, that Governors, Adjutants General, National Guard members and the American people understand their responsibilities and that they be able to articulate the vital role of the National Guard in national defense and homeland security. This primer addresses these important constitutional and policy issues.
Use of Military Force in Defense and Security of the United States
Formation of the militias predates the founding of our country. The Massachusetts National Guard traces its linage to the first regiments established by the General Court of the Massachusetts Bay Colony in 1636.
Each state, the U.S. territories and the District of Columbia (referred to herein as "the states") have equally rich histories. Militia units patterned after the English militia system were common throughout the colonies and played a central role in our fight for independence. They also assured the security of new states as the nation expanded westward. Because of this role in the birth and expansion of our nation, the right of the states to raise, maintain and employ their own military forces (known since 1824 as the "National Guard") is guaranteed by the U.S. Constitution and the constitutions and statutes of the several states.
As a unique state-based military force (albeit largely funded by the federal government and trained in accordance with federal standards), the National Guard is the only military force shared by the states and the federal government. It is a ready and reliable force accessible to the states for both state and combined...