The National Guard is a unique component of the US military, operating as a hybrid entity that serves both state and federal purposes. Generally, it operates under state control and funds, but it can also participate in federal missions while remaining under state command, utilizing federal resources. The National Guard has responded to various emergencies, including natural disasters and health crises like the COVID-19 pandemic, usually with the consent of the state’s governor.
Historically, the National Guard’s roots trace back to citizen militias established in the 17th century during the colonial period, and the 1903 Militia Act restructured it into a more organised reserve military force. As of 2022, approximately 420,000 civilian soldiers were part of the National Guard.
Presidential authority to deploy the National Guard is typically limited to exceptional circumstances, primarily outlined by the Insurrection Act, which permits military action during civil unrest. For instance, in 2020, former President Donald Trump sought to deploy 2,000 National Guard troops to engage in protests in Los Angeles despite opposition from California’s Governor Gavin Newsom. Here, Trump invoked a federal law allowing him to federalise National Guard forces, assuming command over them irrespective of the governor’s authority.
The law under which Trump acted provides for the activation of National Guard troops when the nation faces invasion, rebellion, or if the president is unable to execute US laws with regular military forces. The move marked a notable escalation, particularly as it was one of the first instances in decades where the National Guard was activated against a state’s governor’s wishes, raising questions about presidential powers over state forces.
Historically, the National Guard has played a critical role during civil rights movements. Notably, President Eisenhower dispatched troops to protect black students integrating Central High School in Little Rock, Arkansas, while similar powers were invoked by President George H.W. Bush in 1992 following the riots triggered by the Rodney King incident in Los Angeles.
In summary, the National Guard serves as an essential mechanism for both state and federal governments during crises and civil disturbances, illustrating a complex balance of power and historical significance in American legislation and governance.