How Does the National Guard Work?

The National Guard occupies a unique position in the American military structure. It operates under dual authority—both state governors and the federal government—which creates a complex system of command and control. Understanding how the National Guard works requires examining its legal framework, chain of command, and the practical realities of how it operates on the ground.

Overview - Who Is in Command?

The National Guard's command structure is fundamentally split between state and federal authority, a division that stems directly from the U.S. Constitution and federal law. Under normal circumstances, the Governor of each state commands that state's National Guard forces. However, this authority is not absolute, and the President has the power to federalize the National Guard, placing it under federal command through the Insurrection Act and other statutory authorities.

This dual authority creates a complex dynamic. A state governor can call up the National Guard for state emergencies, natural disasters, or civil disturbances. However, the President can assert federal command over these same forces when it serves national defense or other federal interests. This split authority has been a source of tension throughout American history, particularly during major civil disturbances and times of conflict.

The legal foundation for this arrangement rests primarily on the Constitution (Article II, Section 2), which makes the President Commander in Chief of forces called into federal service, and Title 10 and Title 32 of the United States Code, which govern federal and state employment of the National Guard respectively.

The Average National Guardsman

The typical National Guardsman is a civilian who serves part-time in a military capacity. Unlike active-duty military personnel, National Guardsmen maintain civilian employment, attend school, or pursue other civilian activities. They are required to maintain a certain level of military readiness and training, but their primary commitment is less demanding than full-time military service.

National Guardsmen come from all walks of life and demographic backgrounds across their states. They range in age from early twenties to mid-sixties, with diverse educational backgrounds and professional experiences. This diversity is both a strength and a management challenge, as the National Guard must coordinate training and readiness across a geographically dispersed population with varying levels of commitment and availability.

Compensation for National Guardsmen is based on rank and the number of days of active service. When serving in a state status (under state control), they are paid by the state. When federalized and in active federal service, they receive federal military pay. The distinction between these two pay structures is important and has been a point of negotiation between states and the federal government.

Applicable Laws

The legal framework governing the National Guard is complex and multi-layered, involving federal statutes, state statutes, the Constitution, and military regulations.

Federal Law

The primary federal authorities are:

Title 10, United States Code - Governs the armed forces generally and the federalization of the National Guard. Under 10 U.S.C. § 332, the President may use the armed forces, including federalized National Guard, to suppress insurrections. 10 U.S.C. § 251 and related sections of the Insurrection Act provide additional authority for presidential deployment of forces.
Title 32, United States Code - Governs the National Guard when operating in state status. 32 U.S.C. § 325 provides the Governor authority to order the National Guard to active duty for state emergencies. 32 U.S.C. § 502 establishes that the National Guard is the Army National Guard and Air National Guard.
The Insurrection Act - Codified in 10 U.S.C. §§ 251-255, this act grants the President authority to deploy the armed forces to suppress insurrections, enforce federal law, or protect citizens' rights. This is the primary mechanism by which the President federalizes the National Guard.
Posse Comitatus Act - 18 U.S.C. § 1385 restricts the use of federal military forces for law enforcement, with limited exceptions. However, the National Guard operating in state status is not subject to Posse Comitatus restrictions.

State Law

Each state has its own statutes governing the state military (National Guard). These vary by state but generally provide the governor with authority to mobilize the National Guard for emergencies, natural disasters, and civil disturbances. State laws must be consistent with federal law but provide additional detail on the governor's specific powers and the procedural requirements for activation.

Historical Precedents

The history of the National Guard demonstrates the ongoing tension between state and federal authority and has established important legal and practical precedents.

The Civil Rights Era

One of the most significant historical examples involved the federalization of the National Guard during the Civil Rights era. In 1962, President John F. Kennedy federalized the Mississippi National Guard to enforce desegregation at the University of Mississippi. Mississippi Governor Ross Barnett had used the state's National Guard to block desegregation efforts, and Kennedy asserted federal authority to override the governor's actions. This established that federal civil rights enforcement could supersede state control of the National Guard.

Similarly, in 1963, President Kennedy federalized portions of the Alabama National Guard during the "Schoolhouse Door" incident, when Governor George Wallace resisted federal court orders to desegregate the University of Alabama. These incidents made clear that the President could use federal authority to enforce constitutional rights against state resistance.

The 1992 Los Angeles Riots

Following the acquittal of police officers in the Rodney King beating, riots erupted in Los Angeles. Both the California Governor and the President authorized National Guard deployment. The California Governor activated the National Guard under state authority, while the President federalized additional troops under 10 U.S.C. § 331 to enforce federal law and restore order. This demonstrated how state and federal deployment could work in parallel but also illustrated potential coordination challenges.

The September 11th Response

Following the September 11, 2001 terrorist attacks, the President federalized National Guard units nationwide to support homeland defense and security operations. Large numbers of National Guard personnel were deployed internationally as part of Operation Enduring Freedom in Afghanistan and Operation Iraqi Freedom in Iraq. This expansive use of the President's federalization authority demonstrated the scope of federal control once asserted.

Chain of Command

Understanding the chain of command is critical to understanding how the National Guard actually operates.

State Status Chain of Command

When operating in state status, the chain of command flows from the state Governor down through the state Adjutant General (a flag officer who heads the state's military forces), through brigade commanders, down to battalion, company, and platoon leaders. This structure parallels standard military chain of command but operates under state law and the Governor's ultimate authority.

The Governor, as Commander in Chief of state forces, can issue orders directly but typically works through the Adjutant General. The Adjutant General then coordinates with unit commanders to implement the Governor's directives. This chain remains relatively clear because it is unified under single state authority.

Federal Status Chain of Command

When the National Guard is federalized, the chain of command changes. Federalized National Guard units fall under the command of the federal military chain of command, typically through the Department of the Army (for the Army National Guard) or Department of the Air Force (for the Air National Guard). The President, as Commander in Chief, exercises ultimate authority.

In practice, federalized National Guard units operating domestically may be placed under a joint task force commander or other federal authority designated by the Secretary of Defense. The unit's state identity is subordinated to federal operational requirements. When deployed internationally, federalized National Guard units operate as full components of the U.S. military.

Dual Status Commands

A complex arrangement exists where National Guard units can operate in a "dual status" arrangement, where a commander holds both state and federal authority. This typically occurs during homeland defense or emergency response operations where federal and state efforts must be closely coordinated. However, these dual status arrangements must be carefully structured to avoid conflicts of authority.

The Gray Areas and Practical Challenges

The federal-state division creates several gray areas and practical challenges. For instance:

Deployment Duration: A governor can typically only deploy the National Guard for short periods without federal authorization. Extended deployments often require either a natural disaster declaration or federalization.
Out-of-State Deployment: The Governor can typically only deploy the National Guard within the state unless the President authorizes out-of-state deployment under federal authority.
Compensation and Logistics: Funding disputes arise when it's unclear whether the state or federal government should pay for National Guard operations.
Rules of Engagement: Federal rules of engagement may differ from state law requirements, creating potential conflicts when command transitions between state and federal authority.

These practical challenges have led to ongoing negotiations between states and the federal government about the proper scope of each authority.

Conclusion

The National Guard's dual authority structure reflects an important American principle: the balance between state and federal power. This balance protects against excessive federal militarization while preserving federal authority to address national emergencies and enforce federal law. However, this arrangement also creates complexity and potential for conflict.

The legal framework, rooted in the Constitution and federal statutes, provides the formal authority structure. The chain of command changes depending on whether the National Guard operates in state or federal status. And the historical record demonstrates that the President's federalization authority is broad and has been used in contexts ranging from civil rights enforcement to homeland defense.

For citizens, understanding the National Guard's structure is important because it affects how and when these forces can be deployed in response to emergencies or other events. For policymakers, this structure continues to raise questions about the proper balance of authority and the circumstances under which federal authority should supersede state control.

Additional Resources

For those seeking to understand the National Guard more deeply, the following resources provide additional information: