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OverviewThe Militia Act of 1903 organized the various state militias into the present National Guard system. The Army National Guard is part of the United States Army, comprising approximately one half of its available combat forces and approximately one third of its support organization. The Air National Guard is part of the United States Air Force.
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, 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. Many states also maintain their own State Defense Forces. These forces are federally recognized, but are separate from the National Guard and are not meant to be federalized, but rather serve the state exclusively, especially when the National Guard is deployed or otherwise unavailable. Army National Guard units are trained and equipped as part of the U.S. Army; likewise, Air National Guard units are trained and equipped as part of the US Air Force. Both are expected to adhere to the same moral and physical standards as their "full-time" Federal counterparts. The same ranks and insignia are used and National Guardsmen are eligible to receive all United States military awards. The National Guard also bestows a number of state awards for local services rendered in a service member's home state. Constitutional charter of the National GuardThe Army National Guard's charter is the Constitution of the United States.
1) Article I, Section 8; Clause 15
Image:Homeland security at Penn Station.jpg National Guardsmen, Penn Station, New York City 2) Article I, Section 8; Clause 16
3) Article I, Section 8, Clause 12
4) Article I, Section 10 Clause 3
5) The Second Amendment
6) Article IV, Section 4
7) Article II, Section 2
Laws covering the National GuardThe United states Congress has enacted various laws which control the National Guard
Federal law was changed so that the Governor of a state is no longer the sole commander in chief of the National Guard during emergencies within the state. The President of the United States will now be able to take control of a states National Guard units without the governors consent. [1] In a letter to Congress all 50 governors opposed the increase in power of the president over the National Guard.[2] Duties and Administrative OrganizationNational Guard units can be mobilized at any time by presidential order to supplement regular armed forces, and upon declaration of a state of emergency by the governor of the state or territory in which they serve (In the case of Washington, D.C. guard units, the Mayor of D.C.). Unlike Army Reserve members, National Guard members cannot be mobilized individually, except through voluntary transfers and Temporary Duty Assignments (TDY). However, there has been a significant amount of individual activations to support ongoing military operations related to the Global War on Terrorism (beginning in 2001); the legality of this policy is a major issue within the National Guard. The National Guard Bureau is in Arlington, Va., and is a joint bureau of the United States Department of the Army and The United States Department of the Air Force to conduct all the administrative matters pertaining to the Army National Guard and the Air National Guard. The current chief of the National Guard Bureau is Lieutenant General H. Steven Blum. The chief is the senior uniformed National Guard officer, in charge of developing all policies and advising the Secretaries and Chiefs of Staff of the Army and the Air Force on all National Guard issues. He is appointed by the president in his capacity as Commander in Chief. HistoryImage:National Guardsman NGM-v31-p347.jpg A National Guardsman in 1917. Throughout the 19th century the regular Army was small, and the militia provided the majority of the troops during the Mexican-American War, the start of the American Civil War, and the Spanish-American War. In 1903, part of the militia was federalized and renamed the National Guard and organized as a Reserve force for the Army. In World War I, the National Guard made up 40 percent of the U.S. combat divisions in France. In World War II the National Guard made up 19 divisions. One hundred forty thousand guardsmen were mobilized during the Korean War and over 63,000 for Operation Desert Storm. They have also participated in U.S. peacekeeping operations in Somalia, Haiti, Saudi Arabia, Kuwait, Bosnia, and Kosovo as well as for natural disasters, strikes, riots and security for the Olympic Games when they have been in the States. The history of the National Guard began on December 13, 1636, when the General Court of the Massachusetts Bay Colony ordered the organization of the Colony's militia companies into three regiments: the North, South and East Regiments. The colonists had adopted the English militia system which obligated all males, between the ages of 16 and 60, to possess arms and participate in the defense of the community. The early colonial militia drilled once a week and provided guard details each evening to sound the alarm in case of attack. The growing threat of the Pequot Indians to the Massachusetts Bay Colony required that the militia be in a high state of readiness. The organization of the North, South and East Regiments increased the efficiency and responsiveness of the militia. Although the exact date is not known, the first muster of the East Regiment took place in Salem, Massachusetts. The 101st Engineer Battalion, Massachusetts Army National Guard, continues the East Regiment's proud heritage of 350 years of service. The visit of the Marquis de Lafayette to the U.S., in 1824-25, was in every sense a triumphal procession. The 2nd Battalion, 11th New York Artillery, was one of many militia commands who turned out in welcome. This unit decided to adopt the title "National Guard," in honor of Lafayette's celebrated Garde Nationale de Paris. The Battalion, later the 7th Regiment, was prominent in the line of march on the occasion of Lafayette's final passage through New York en route home to France. Taking note of the troops named for his old command, Lafayette alighted from his carriage, walked down the line, clasping each officer by the hand as he passed. "National Guard" was destined to become the name of the U.S. militia. The National Guard is not subject to the Posse Comitatus Act and can engage in law enforcement activities, except when federalized. Twentieth CenturyFollowing World War II, the National Guard aviation units became the Air National Guard. There is no Naval National Guard due to the constitutional provision against states having ships of war in time of peace, though Alaska, California, New Jersey, New York, Texas and Ohio have incorporated Naval Militia units. Elements of the Ohio Army National Guard were ordered to Kent State University by Ohio's governor James Rhodes to quell anti-Vietnam War protests, culminating in their shooting into a crowd of students on May 4, 1970, killing four and injuring nine. National Guard members and reservists now comprise a larger percentage of frontline fighting forces than in any war in U.S. history (About 43 percent in Iraq and 55 percent in Afghanistan). There are now 183,366 National Guard members and reservists on active duty nationwide who leave behind about 300,000 dependents, according to U.S. Defense Department statistics. The oldest military units in the country are the 182nd Infantry Regiment and 101st Engineer Battalion of the Massachusetts Army National Guard, which were first organized in 1636. The California Army National Guard were mobilized by the Governor of California during the Watts Riots, in August 1965, to provide security and help restore order. During the LA Riots in 1992, when portions of south central Los Angeles erupted in chaos, overwhelming the LAPD's ability to contain the violence, the California National Guard were mobilized to help restore order. The National Guard were attributed with five shootings of people suspected of violating the curfew order placed on the city. Twenty-first CenturyNational Guard units played a major role in providing security and assisting recovery efforts in the aftermath of Hurricane Katrina, in September 2005. In January and February 2007, National Guard troops from 8 states were activated to go help shovel snow, drop hay for starving cattle, deliver food and necessities to stranded people in their houses, and help control traffic and rescue stranded motorists in blizzards dropping feet of snow across the country.[3] The Air National Guard has more than 106,000 personnel, and the Army National Guard (ARNG) around 325,000 personnel (as of February 2006).[citation needed] The Army National Guard is reorganizing into 28 brigade combat teams and 78 support brigades as a part of the Army's transformation plan. When the reorganization is complete, brigades will have 3,000-to-4,000 soldiers whereas the former Army organization was principally organized around large, mostly armored, divisions of around 15,000 soldiers each. [4] The Global War On TerrorismPrior to the attacks against the United States on September 11, 2001, the National Guard's general policy regarding mobilization was that Guardsmen would be required to serve no more than one year cumulative on active duty (with no more than six months overseas) for each five years of regular drill. Due to strains placed on active duty units following the attacks, the possible mobilization time was increased to 18 months (with no more than one year overseas). Additional strains placed on military units as a result of the invasion of Iraq further increased the amount of time a Guardsman could be mobilized to 24 months. Current Department of Defense policy is that no Guardsman will be involuntarily activated for more than 24 months (cumulative) in one six year enlistment period (this policy is due to change 1 August 2007, the new policy states that soldiers will be given 24 months between deployments of no more than 24 months( individual states have differing policies). Traditionally, most National Guard personnel serve "One weekend a month, two weeks a year", although a significant number serve in a full-time capacity, in a role called Active Guard and Reserve, or AGR. This slogan has lost most of its relevance since the Iraq War, when up to 40% of total US forces in Iraq and Afghanistan consisted of mobilized personnel of the reserve components. Furthermore, most National Guardsmen have now served at least one combat tour in support of the Global War on Terrorism. List of chiefs of the National Guard BureauNational Guard Forces
See also
Notes
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