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The United States National Guard is a Reserve Forces component of the United States Army (the Army National Guard) and the United States Air Force (the Air National Guard). Both are maintained through the National Guard Bureau, a semi-independent subordinate entity of the United States Department Of Defense , whose Chief is a Lieutenant General . OVERVIEW The Militia Act Of 1903 organized the various state Militia s 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 . Title X of the US Code states: (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 BASIS FOR THE NATIONAL GUARD , New York City]] The United States National Guard is authorized by the , which had a long history in the Colonial era, the nation passed the Second Amendment To The United States Constitution in 1791, stating that "a well regulated Militia, being necessary to the security of a free State, the right of The People to keep and bear arms shall not be infringed." State militias are not entirely independent, however, because they may be federalized. According to Article I, Section 8; Clause 15, the United States Congress is given the power to pass laws for "calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions." Congress may appropriate funds to support state militias (clause 12), and may: :"provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress." (clause 16) The President Of The United States is the commander-in-chief of the state militias "when called into the actual Service of the United States". (Article II, Section 2). LAWS COVERING THE NATIONAL GUARD The United states Congress has enacted various laws which control the National Guard #The Militia Act Of 1792 #:Providing for the authority of the President to call out the Militia, and providing federal standards for the organization of the Militia. #:For the 111 years that the Militia Act of 1792 remained in effect, it defined the position of the militia in relation to the federal government. The War of 1812 tested this uniquely American defense establishment. To fight the War Of 1812 , the republic formed a small regular military and trained it to protect the frontiers and coastlines. Although it performed poorly in the offensive against Canada , the small force of regulars backed by a well-armed militia, accomplished its defensive mission well. Generals like Andrew Jackson proved, just as they had in the Revolution, that regulars and militia could be effective when employed as a team. # The Militia Act Of 1862 #:Providing for the service of persons of African Descent in the Militia, and the Emancipation of Slaves owned by Confederates. # Title 18, U.S. Code, Section 1385: The Posse Comitatus Act of June 18, 1878 #:Congress' suspension of southern states' right to organize a militia resulted in ''Posse Comitatus'', a limiting of any person's use of the U.S. Army and U.S. Air Force in domestic law enforcement. The U.S. Navy and the U.S. Coast Guard, and the National Guard, when '''NOT''' in Federal Service, are specifically not limited by this act. #:The States revise the military codes - 1881 to 1892 # The Militia Act Of 1903 #:Affirmed the National Guard as the primary organized reserve force. # The National Defense Act, 1916 #:This act abandoned the idea of an expandable Regular Army and firmly established the traditional concept of the citizens' army as the keystone of the United States defense forces. It established the concept of merging the National Guard, the Army Reserve, and the Regular Army into the Army of the United States in time of war. The act further expanded the National Guard's role, and guaranteed the State militias' status as the Army's primary reserve force. The law mandated use of the term "National Guard" for that force, and the President was given authority, in case of war or national emergency, to mobilize the National Guard for the duration of the emergency. The number of yearly drills increased from 24 to 48 and annual training from five to 15 days. Drill pay was authorized for the first time. # The National Defense Act Amendments of 1920 #:This act established that the chief of the Militia Bureau (later the National Guard Bureau ) would be a National Guard officer, that National Guard officers would be assigned to the general staff and that the divisions, as used by the Guard in World War I, would be reorganized. # The National Guard Mobilization Act, 1933 #:Made the National Guard a component of the Army. # The National Defense Act Of 1947 #:Section 207 (f) established the Air National Guard , under the National Guard Bureau . # The Total Force Policy, 1973 #:Requires all active and reserve military organizations be treated as a single integrated force; reinforced the original intent of the founding fathers (a small standing army complemented by citizen-soldiers.) # The Montgomery Amendment to the '''National Defense Authorization Act for Fiscal Year 1987''' #:''provides that a governor cannot withhold consent with regard to active duty outside the United States because of any objection to the location, purpose, type, or schedule of such duty.'' This law was challenged and upheld by the Supreme Court Of The United States in 1990 (see case in FindLaw 1 ) # John Warner Defense Authorization Act of 2007 H.R. 5122 #: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 state's National Guard units without the governor's consent.http://www.stateline.org/live/details/story?contentId=170453 In a letter to Congress all 50 governors opposed the increase in power of the president over the National Guard. National Governors Association DUTIES AND ADMINISTRATIVE ORGANIZATION National Guard Unit s 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 . HISTORY 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 federally-controlled National Guard as we know it was officially created in 1916; however, the heritage of the National Guard traces back to English common law and the citizen Militias of the British North American colonies. The claim that the National Guard is older than the nation itself, with over three and a half centuries of service, is based on the fact that the modern-day 101st Engineer Battalion and 182nd Infantry Regiment of the Massachusetts Army National Guard are both directly descended from Massachusetts Bay Colony regiments formed over 370 years ago. On December 13, 1636, the General Court of the Massachusetts Bay Colony had ordered that the Colony's scattered militia companies be organized into North, South and East Regiments--with a goal of increasing the militias’ accountability to the colonial government, efficacy, and responsiveness in conflicts with indigenous Pequot Indians. Under this act, white males between the ages of 16 and 60 were obligated to possess arms and to play a part in the defense of their communities by serving in nightly guard details and participating in weekly drills. After the United States came into existence, state militias would develop out of this tradition. 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. Twentieth Century Following 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 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 Century National 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.FindLaw ( 2007 . The Air National Guard has more than 106,000 personnel, and the Army National Guard (ARNG) around 325,000 personnel (as of February 2006). 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 structured around large, mostly mechanized, Divisions of around 15,000 soldiers each. Transformation Of The United States Army , accessed 21 Nov 2006
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