Resolution in Support of the Governors’ Power to Control the National Guard
NOTE: This resolution has expired.
WHEREAS, Section 1076 of the John Warner National Defense Authorization Act (P.L. 109-364) unnecessarily expands the President’s authority over the National Guard; and
WHEREAS, Section 1076 does not require the President to confer with a Governor prior to deploying a state’s National Guard forces; and
WHEREAS, these changes could lead to confusion as to who is in charge of leading the Guard in times of an emergency; and
WHEREAS, Governors should remain as commanders-in-chief of the National Guard to assure the safety and well being of residents. The power to employ the National Guard should rest primarily with Governors; and
WHEREAS, any changes pertaining to the control of the National Guard should be made in consultation with Governors to allow for full discussion and debate on the ramifications of such changes in emergency response.
BE IT THEREFORE RESOLVED, that The Council of State Governments supports the passage of S. 513 and H.R. 869 which repeal Section 1076 of the 2006 National Defense Authorization Act.
BE IT THEREFORE FURTHER RESOLVED, that The Council of State Governments supports the proposition that Governors should control the domestic use of federal military forces operating within their respective state or territory, and should retain control over the domestic use of their own National Guard forces and supporting National Guard forces from other states operating within the supported Governor's state or territory, in all but two instances: (1) if the application of lethal military force is required to repel an invasion or attack against the United States; and/or (2) if National Guard forces in state active duty or Title 32 status are being used to resist a lawful order of the executive or judicial branch of the federal government. In these two instances, federal activation of a Governor's National Guard forces under Title 10 USC for domestic operations should be authorized.
BE IT THEREFORE FURTHER RESOLVED, that in instances where military forces in both Title 10 and Title 32 status are engaged in domestic operations within a state or territory, Governors believe a Dual Status National Guard commander should be appointed by the respective Governor and the President pursuant to 32 USC Section 325; and the Dual Status National Guard commander should be in command of all active, Guard, and reserve military personnel deployed to or within the state in support of or in response to the domestic event or emergency.
Adopted this 13th day of June 2007, at the CSG 2007 Spring Committee & Task Force Meetings in Puerto Rico