[20211124]IN11808_不在联邦服务的国民警卫队的联邦控制.pdf

CRS INSIGHT Prepared for Members and Committees of Congress INSIGHTINSIGHTi i Federal Control of the National Guard Not in Federal Service November 24, 2021 This CRS Insight discusses federal authority over state militia practices that diverge from Department of Defense policy and may adversely affect readiness of the National Guard of a state or the National Guard of the United States to perform federal missions under title 32 or title 10 of the U.S. Code, respectively. Background The federal government has broad authority over the National Guard. Congress may exercise its constitutional power to arm, organize, and discipline the militia as it considers necessary (U.S. Const., art. I, 8, cl. 16). The President of the United States must issue orders and regulations necessary to govern, organize, and discipline the National Guard (32 U.S.C. 110). The Presidents governance of the National Guard includes policy that applies to all states and National Guard members (Assoc. of Civ. Tech. v. U.S.A., USCA D.C. Cir. Case No. 09-5153 (Apr. 30, 2010), II, p. 8). This federal authority is not exclusive: the National Guard is unique because it simultaneously possesses federal and state attribu