Can the National Guard Go to War?
The National Guard has often been misunderstood as a supplement to the active-duty military, primarily responsible for emergencies within the United States such as natural disasters and civilian emergencies. However, with some caveats, yes, the National Guard can deploy to war under various circumstances. In this article, we will examine the circumstances under which the National Guard can engage in war-like activities and when it cannot.
Domestic Deployment
The Domestic Emergency Response Authorization, Title 10 USC Section 12308, grants the President permission to deploy the National Guard in support of domestic disasters or emergencies. This enables the Guard to respond swiftly and effectively to natural disasters like hurricanes, wildfires, earthquakes, or terrorist attacks, preserving order and protecting citizen’s lives.
Exception for International Deployment
To prevent unnecessary confusion, this statute excludes the National Guard from deployment in continental United States (CONUS) unless explicitly authorized in law or by the Constitution. A major exception is mobilization for war and insurrection, as spelled out in Title 32 USC Section 324**.
War Exceptions and the Insurrection Clause
Article I, Section 8, Cl. 15 (8), of the U.S. Constitution grants Congress the power to employ and command the militia" "to suppress the Insurrections" against foreign invasions or home-grown insurrections). When authorized by Congress to address such threats, National Guard units can be tasked to defend the nation either in CONUS, abroad, or in expeditionary situations.
Major Considerations
Before explaining these situations, it essential to comprehend the following pivotal distinctions:
- Operational Status: The primary organizational unit of the NG, also known as Force Pool (FP), plays a critical role in their mission, as it either prepares to deploy or mobilize from a Active Guard Reserve (AGR) designation.
Legal Precedents and Current Controversies
War or Conflict in the 3%
In 18th century America, Federal troops often clashed with pro-revolutionary forces before 3% of military veterans. The Insurrections clause (in reference to the 20% Militiaman, Title VII of the 2% Army) allowed the commander to send the militia out with full authority to secure an American victory.
Key contemporary cases show us where the National Guard would operate:
- After World War II, from *1950 to present, many National Guard operations worldwide took place under its United States Code [ USC Section 324]" provisions for *matters not necessarily related to emergency war or insurrection.
- As part of federal government-led Operation Wetback, in 1948-1954 United States authorities, including Texas Guard personnel, worked further south [ref 1] together during anti-Communism in the 10 year-old *Cold.
Key events that demonstrate US armed forces’ ability go the fight in war can use: Viet War’s military action like Grenada (1985).
Specific Types of War and Interventions
There are different styles to National Guard involvement military war interventions:
Examples where it was used against armed attacks: Region/Country Role Played by National Guard Members Japan 1950-49: Cold War National Guards were deployed to suppress armed rebels. Taiwan 1956 Some 2 members worked side by side along regular armed forces. See (Table 1).* Dominican Republic 19651951; Vietnam War – -1
For instance, for reasons listed below, certain NGs may not qualify (mobilization authority as 10 USC: (32 USC 106(b):
- Presidential Power: The military chain-of-command, National Guards under direct control military unit orders.
- Mobilize by Congress-only Authorization, not just Commander of NG (NG-C)
When there is debate as part of " Insurrection" by using (8) & [15] in CONG or US Code USF and (32); some US Presidents have successfully argued and taken action following National Guards’ involvement the battles on behalf of state & government.
