About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (February 23, 2021)

handle is hein.crs/govecff0001 and id is 1 raw text is: S Congressional Research Service 0smnaanmems February 23, 2021 National Guard Civil Support in the District of Columbia The use of the National Guard in various contexts within the District of Columbia (DC) has raised congressional questions regarding the authorities and mechanisms for requesting, activating, and using the National Guard to support civil authorities. This In Focus describes the National Guard, relevant mechanisms for its activation, certain legal considerations, and aspects of its use to provide law enforcement support in Washington, DC. The National Guard The National Guard is descended from colonial-era militias that existed prior to the adoption of the Constitution. The Constitution recognizes the existence of, and gives the federal government limited authority over, the militia (Article I, §8, cls. 15, 16; Article 2, §2). The U.S. Code defines the militia as all able-bodied males at least 17 years of age and ... under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard (10 U.S.C. §246). This definition also establishes two subcategories: the unorganized militia and the organized militia. The organized militia is subdivided into the National Guard and the Naval Militia. The National Guard consists of the Army National Guard (ARNG) and the Air National Guard (ANG). The ARNG and ANG are also reserve components of the armed forces - under the designations Army National Guard of the United States and Air National Guard of the United States - along with the Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve, and Coast Guard Reserve (10 U.S.C. §10101). There are 54 National Guard organizations: one in every state, plus Guam, Puerto Rico, the U.S. Virgin Islands, and the District of Columbia. State and territorial governors each serve as commander in chief of their entity's National Guard. The President of the United States is the commander in chief of the DC National Guard (DCNG). Federal Activation A federal activation occurs when a reserve component unit or an individual is ordered to active duty for a federal mission, other than training, pursuant to Title 10 of the U.S. Code. Federal activation of the National Guard can include either mobilization as a reserve component of the Army or Air Force or federalization of the organized militia. Upon activation, military authority over mobilized or federalized units and personnel passes from the state or territorial governor to the President. Mobilization The President can mobilize the National Guard as a reserve component of the armed forces for active duty in response to war or national security crises, conflicts, and emergencies under the following authorities: * Full Mobilization (10 U.S.C. §12301(a)) * Partial Mobilization (10 U.S.C §12302(a)) * Presidential Reserve Call-up (10 U.S.C. §12304) * Pre-planned Missions (10 U.S.C. §12304b) Federalization The President can federalize the National Guard as the organized militia to become a component of the armed forces in response to insurrection, invasion, rebellion, or to enforce the law during such events. Insurrection. If there is an insurrection in a state against its government, at the request of that state's legislature, or governor if the legislature cannot be convened, the President may call the militia of another state into federal service to suppress the insurrection (10 U.S.C. §251). Whenever the President determines that rebellion or certain unlawful actions against federal authority make it impracticable to enforce the laws of the United States in any state by judicial proceedings, the President may call the militia of any state into federal service to enforce those laws or suppress those actions (10 U.S.C. §252). If rebellion or certain unlawful actions in a state impede the course of justice, prevent the execution of law, or deprive citizens of constitutional rights, the President may call the militia of any state into federal service to suppress insurrection (10 U.S.C. §253). Under any of the preceding authorities, the President may also use the other components of the armed forces to suppress insurrection. Invasion, Rebellion, Executing Federal Law. The President may call members and units of the National Guard of any state into federal service to repel invasion by a foreign nation, suppress rebellion, or execute federal laws. Orders for such service are to be issued through an affected state's governor or in the case of the DCNG, through its commanding general (10 U.S.C. §12406). State Activation A governor can activate members of the National Guard under state law to perform state active duty (SAD). The President may also request that a governor activate members of the National Guard under Title 32 of the U.S. Code to perform full time National Guard duty (FTNGD) and conduct a federal mission (32 U.S.C. §502(f)). Command authority over units and personnel that conduct such missions under Title 32 remains with the governor. When performing SAD, members of the National Guard are under the control of their governor and receive pay and benefits in accordance with state law. When performing FTNGD, they remain under their respective governor's ittps://Crsreports.congress.gt

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Already a HeinOnline Subscriber?

Log In

profiles profiles most