Who Controls the National Guard?
The National Guard is one of the most unique parts of the U.S. military system. Unlike the active-duty Army or Air Force, it serves two masters: both the states and the federal government. Who commands the Guard depends on the legal framework under which its members are activated.
Historical Background
The National Guard traces its roots to the colonial militias of the 1600s, where local citizens organized for community defense. After independence, the U.S. Constitution preserved this tradition by recognizing state militias while granting Congress the power to “provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions” (Article I, Section 8).
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Militia Act of 1792: Established early federal rules for militias.
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Militia Act of 1903 (Dick Act): Formally integrated state militias into the federal military structure, creating today’s National Guard.
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National Defense Act of 1916: Expanded the Guard’s role and standardized training/equipment with the U.S. Army.
This history reflects America’s broader tension between state sovereignty and federal authority.
State Authority – Title 32
Most of the time, the Guard is under state control.
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Who’s in charge? The governor of each state, territory, or the District of Columbia.
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When is it used? To respond to natural disasters (wildfires, floods, hurricanes), public health crises, and civil disturbances.
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Funding and training: Guard members are trained and equipped with federal resources but remain under the governor’s command.
📖 Learn more: National Guard Bureau – State Mission
Federal Authority – Title 10
The President may “federalize” the Guard under Title 10 of the U.S. Code.
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What it means: Guard units leave the governor’s control and operate as part of the U.S. Army or Air Force.
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When is it used? For overseas deployments, major national security events, or large-scale emergencies requiring federal coordination.
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Chain of command: The President, via the Secretary of Defense, becomes the commander.
📖 Learn more: 10 U.S. Code § 12406 – National Guard in Federal Service
The Insurrection Act
One of the most debated powers is the Insurrection Act of 1807, which allows the President to use the Guard or active-duty forces to restore order when local authorities cannot (or will not).
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Historical use:
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Enforcing school desegregation in Little Rock, Arkansas (1957).
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Protecting civil rights marchers in the 1960s.
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Responding to the Los Angeles riots (1992).
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Checks and balances: While the Act gives broad authority, its use is politically sensitive and subject to legal review.
📖 Learn more: Congressional Research Service – The Insurrection Act
Bottom Line
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Day-to-day: Governors command their state National Guard under Title 32.
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National emergencies: The President may federalize Guard units under Title 10.
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Extraordinary cases: The Insurrection Act allows the President to intervene when state authorities cannot maintain order.
The dual nature of the Guard ensures flexibility — it can serve local communities while also being available for national defense.