Dear roy888-ga;
Thank you for allowing me to answer your interesting question.
The answer is YES, National Guard troops can be activated by the
president and deployed outside the United States to fight as is
evident in the undeclared conflicts in both Iraq and Afghanistan (at
one time as many as 30,000 soldiers in these conflicts were National
Guardsmen).
On the other hand, at least 20 states maintain state defense forces
(State Guard, State Military Reserve/SMR, or militias). These units ?
unlike the National Guard ? are established and operated entirely by
individual states and cannot be deployed outside their borders.
I hope you find that my answer exceeds your expectations. If you have
any questions about my research please post a clarification request
prior to rating the answer. Otherwise I welcome your rating and your
final comments and I look forward to working with you again in the
near future. Thank you for bringing your question to us.
Best regards;
Tutuzdad-ga ? Google Answers Researcher
INFORMATION SOURCES
HOMELAND SECURITY INTEL WATCH
http://www.homelandsecurityintelwatch.net/200401/storystalocgovt.html
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Request for Answer Clarification by
roy888-ga
on
25 Jul 2005 12:44 PDT
Thank you for your reply. The question stems from the fact their has
been and never was any declaration of war against Iraq. Only Congress
can declair war. What is the legal status to kill others, innocents,
civilian or military? The National guard does not have this authority
to do it in this country or across some imaginary line (Our Borders),
so where do they get the authority?
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Clarification of Answer by
tutuzdad-ga
on
25 Jul 2005 14:14 PDT
Yes, I understand. This article is very informative and will probably
shed a great deal of light on the subject for you. Let me show you one
relevant excerpt:
"The Guard has a unique dual mission, with both Federal and State
responsibilities. During peacetime, the Governor through the State
Adjutant General commands Guard forces. The Governor can call the
Guard into action during local or statewide emergencies, such as
storms, drought, and civil disturbances, to name a few. In addition,
the President of the United States can activate the National Guard to
participate in Federal missions. Examples of this are the many Guard
units that have deployed to support operations in Bosnia. When
federalized, Guard units are commanded by the Commander in Chief of
the theatre in which they are operating."
GLOBAL SECURITY.ORG
http://www.globalsecurity.org/military/agency/army/arng.htm
This article outlines some of the relevent statutes governing
activation of the National Guard under certain circumstances (such as
Title 10 and Title 32 of the U.S. Code, for example)
THE HERITAGE FOUNDATION
http://www.heritage.org/Research/HomelandDefense/BG1532.cfm
tutuzdad-ga
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Request for Answer Clarification by
roy888-ga
on
26 Jul 2005 06:55 PDT
You are missing the point of the question. The real point is what is
the legal authority required for our troops to fight in Iraq? I
believe the President can react to an emergency but cannot carry on a
war without a declaration of war from Congress?
I know this is taking a little longer, so please charge me another $20.00.
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Clarification of Answer by
tutuzdad-ga
on
26 Jul 2005 08:20 PDT
Your inquiry about the legal deployment of National Guard troops and
the concern over whether or not the President can legally ?carry on a
war without a declaration from Congress? are two separate and
enormously differing issues.
As I mentioned the statutes pertaining to the deployment of National
Guard troops (your original question) are outlines in:
TITLE 10--ARMED FORCES
SUBTITLE E--RESERVE COMPONENTS
PART I--ORGANIZATION AND ADMINISTRATION
CHAPTER 1011--NATIONAL GUARD BUREAU
http://www.access.gpo.gov/uscode/title10/subtitlee_parti_chapter1011_.html
And more specifically:
TITLE 32--NATIONAL GUARD
http://www.access.gpo.gov/uscode/title32/title32.html
The original Charter of the National Guard did indeed limit the
guard?s deployment to 3 events:
"?to execute the laws of the Union, suppress insurrection and repel
invasions." These three standards were originally intended to be
applicable only to the Territory of the United States. Over the years
however, that has changed, due to various other Acts and amendments.
http://www.arng.army.mil/history/Constitution/default.asp?ID=1
The National Guard Mobilization Act of 1933
?The National Guard Mobilization Act of 1933 made the National Guard
of the United States a component of the Army at all times, which could
be ordered into active federal service by the President whenever
Congress declared a national emergency.?
http://www.arng.army.mil/history/Constitution/default.asp?ID=16
Then there is this:
The Total Force Policy, 1973
?Following the experience of fighting an unpopular war in Vietnam, the
1973 Total Force Policy was designed to involve a large portion of the
American public by mobilizing the National Guard from its thousands of
locations throughout the United States when needed. The Total Force
Policy required that all active and reserve military organizations of
the United States be treated as a single integrated force.?
http://www.arng.army.mil/history/Constitution/default.asp?ID=17
So, consider this ? which, by the way, is a direct quote from the
particulars in a lawsuit challenging the President?s authority to
order reservists (National Guard, et al) to active duty?
??the President has unilateral authority under the National
Emergencies Act to declare emergencies and to identify the statutory
powers to be exercised pursuant to the emergency. 50 U.S.C. § 1621
and 1631 (fn. 5). Nor is a Presidential declaration of emergency
required: the reserves may be activated, and thus section 12305
triggered, by the President or his delegate to augment forces for ?any
operational mission.? 10 U.S.C. § 12304.?
I hope this sheds light on the subject. As for your increase in fee,
you may if you wish, add that at the end of our transaction at the
time you apply your final rating to your experience here.
Best regards;
Tutuzdad-ga
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Request for Answer Clarification by
roy888-ga
on
30 Jul 2005 11:53 PDT
Why don't you take a crack at one of the next three questions?
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Clarification of Answer by
tutuzdad-ga
on
30 Jul 2005 13:06 PDT
Thank you VERY much for the generous tip.
tutuzdad-ga
|
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