Who is the "Commander" of the National Guard?

Sgt Adrian Jones — Thu, 05 Apr 2018 11:03:47 -0400

I'm not to familiar with how the NG works but, is it correct to assume that each states NG units follows the command of the Gov. And not the President where as the President is the Commander in Chief of the Navy,Marine Corps, Army and Air Force is this not true for the NG. The reason I ask is because I just read that Oregon's Gov. said she will not send NG soldiers to militarize the border if asked by the President.

Response by SPC David Willis made Apr 5 at 2018 11:08 AM

SPC David Willis — Thu, 05 Apr 2018 11:08:54 -0400

Correct the Gov. commands the NG, however POTUS can federalize the NG but that has traditionally only been done in severe scenarios in which local police had lost all authority and massive rioting will take place.

Response by CW5 Jack Cardwell made Apr 5 at 2018 11:30 AM

CW5 Jack Cardwell — Thu, 05 Apr 2018 11:30:48 -0400

The Chief of National Guard Bureau

https://www.army.mil/article/172780/gen_joseph_lengyel_becomes_28th_chief_of_national_guard_bureau

He is over Army and Air National Guard. . This is where the major decisions are made. The governor of each state and territory can call up the Guard but the state pays for it. Guard falls under title 32 US code normally but are under title 10 USC when called to Active Duty under Federal control. As always exceptions. Army service members at National Guard Bureau are Title 10 assigned go Ft Meyer, attached back to the National Guard.

Gen. Joseph Lengyel becomes 28th chief of National Guard Bureau

WASHINGTON -- Citizen-warriors and the entire National Guard family are vital to the security of the United States, Defense Secretary Ash Carter said at the National Guard Bureau change-of-responsibility ceremony at the Pentagon today.

Response by SGM Bill Frazer made Apr 5 at 2018 11:37 AM

SGM Bill Frazer — Thu, 05 Apr 2018 11:37:18 -0400

The NG normally works for the Governor of their state, under a NG Commander, true. But if the NG is federalized, then they are active duty and report to DA under the President. The Lady can wolf all she wants- but I doubt she can do anything but howl.

Response by CSM Richard StCyr made Apr 5 at 2018 11:38 AM

CSM Richard StCyr — Thu, 05 Apr 2018 11:38:42 -0400

The Governors serve as the commander and chief of the state guard units unless they are federalized. As I understand it the President can federalize the guard to repel invasions and support war efforts (WWI, WWII, OIF), react to disasters (hurricane Katrina, Hugo) or aid in enforcement of laws (Desegregation, Los Angeles Riot control). We had a guard unit assigned to us in 2003 to serve as a round out unit for OIF one.

The article below and several others I've read, as well as past federalization and use of the Guard to enforce desegregation laws, lead me to believe that the Governor may be incorrect in her refusal to send the Guard. I also believe that since the Guard receives portions of it's funding and equipment from the federal government she may be placing that funding in danger.

10 U.S. Code § 12406 - National Guard in Federal service: call
Whenever—
(1) the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation;
(2) there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or
(3) the President is unable with the regular forces to execute the laws of the United States;
the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws. Orders for these purposes shall be issued through the governors of the States or, in the case of the District of Columbia, through the commanding general of the National Guard of the District of Columbia.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(f)(1), Oct. 5, 1994, 108 Stat. 2994; amended Pub. L. 109–163, div. A, title X, § 1057(a)(5), Jan. 6, 2006, 119 Stat. 3440.)

Response by MAJ Ken Landgren made Apr 5 at 2018 3:49 PM

MAJ Ken Landgren — Thu, 05 Apr 2018 15:49:19 -0400

Thanks for the question.

Response by SSG Brian G. made Apr 5 at 2018 4:09 PM

SSG Brian G. — Thu, 05 Apr 2018 16:09:02 -0400

National Guard is just that. It answers to the order of the Governor of the State in which is resides. However the President CAN call it up and Federalize it, in which case those units become regular AD units for the time of the deployment and are no longer subject to the Governors order or wishes. The Governor of Oregon can say what she wishes but, no pun intended, she is trumped here.

Response by CWO3 Private RallyPoint Member made Apr 5 at 2018 4:22 PM

CWO3 Private RallyPoint Member — Thu, 05 Apr 2018 16:22:59 -0400

The Governor, until they are Federalized. Then they fall under whatever Commander they are attached to.

Response by COL Korey Jackson made Apr 5 at 2018 5:18 PM

COL Korey Jackson — Thu, 05 Apr 2018 17:18:30 -0400

Great question: Can a state governor refuse to send his/her state's National Guard soldiers and airmen outside of the state to reinforce the U.S. border if requested by the President?

It depends, and with certain legal restrictions.

In 2006, the Governor of California (a Republican) refused a related request from President Bush to double its Guard forces on the US-Mexico border.

See https://www.nbcnews.com/politics/politics-news/does-trump-have-power-send-national-guard-troops-border-n862891

In practice, there are likely sufficient state governors who support the President's request to send their National Guard forces to the US/Mexico border - to supplement and support DHS/CBP... without taking, unwillingly, National Guard soldiers and airmen from those states whose governors may refuse.

Does Trump have the power to send National Guard troops to the border?

Presidents Barack Obama and George W. Bush asked states to send National Guard forces to the border. Then-Gov. Arnold Schwarzenegger told Bush no thanks.

Response by SFC Michael Hasbun made Apr 5 at 2018 7:44 PM

SFC Michael Hasbun — Thu, 05 Apr 2018 19:44:56 -0400

The Governor of the state is... To figure out the relationship between state and federal activation, research title 10 and title 32.

Response by PO2 Peter Klein made Apr 5 at 2018 10:46 PM

PO2 Peter Klein — Thu, 05 Apr 2018 22:46:04 -0400

In the case of trump wanting the National Guard in Texas, New Mexico, Arizona and California to send NG troops to the border with Mexico, the governor must authorize that use. Gov. Brown's response is "Show me the CarFax." Brown wants to see the particulars since each state has to pay for it.