State Defense Forces
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State Defense Forces (also known as State Guards, State Military Reserves, or State Militias) in the United States are military units that operate under the sole authority of a state government, although they are regulated by the National Guard Bureau of the United States Army.[1] State Defense Forces are authorized by state and federal law and are under the command of the governor, as State Defense Forces are distinct from the National Guard in that they are not federal entities (all National Guard units were federalized under the National Defense Act of 1933 (National Guard Mobilization Act) with the creation of the National Guard of the United States). The federal government recognizes State Defense Forces under 32 USC 109 which provides that State Defense Forces "may not be called, ordered, or drafted into the armed forces" (of the United States), thus preserving their separation from the National Guard.
Although every state has laws authorizing State Defense Forces, approximately twenty-five states, in addition to Puerto Rico, currently have active State Defense Forces, each with different levels of activity, state support, and strength. SDFs generally operate with emergency management and homeland security missions. Most SDFs are organized as Army units, but Air Force and naval units (distinct from naval militias) also exist.
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[edit] Origins
From its founding until the early 1900s, the United States maintained only a minimal army and relied on state militias to supply the majority of its troops. In 1903, the National Guard was formed to augment the militia and Regular Army with a federally controlled reserve force. During World War II, much of the National Guard was deployed on federal duty. Many states continued to organize distinct state militias (some building on ones that never ceased to exist) to defend their own territories and shorelines.
A new emphasis was placed on State Defense Forces in the 1980s, at the height of the Cold War. State defense forces were seen as a civil defense force in the event of a war with the Soviet Union where all National Guard units would be called up and presumably sent overseas.
Following the collapse of the Soviet Union, many SDFs saw a reduction in support and interest from states. However, with the recent emphasis on homeland security due to the September 11 attacks, SDFs are receiving new attention at the state and the federal levels as a trained corps of responders that can be called upon to assist authorities in the event of major emergencies. State defense forces have been called upon to carry out such varied missions as helping to provide security during the G-8 summit at Sea Island, Georgia in 2004 and assisting in the aeromedical evacuation of victims of Hurricanes Katrina and Rita in 2005.
[edit] Organization
Most states organize their State Defense Force in parallel to their National Guard force (both Air and Army), having it report to the governor through the adjutant general. State Defense Forces are usually not funded by the federal government in any way. In most states, members act on a completely volunteer basis, have to purchase their own uniforms and most, if not all, of their own equipment, and must supply their own arms (if armed).
[edit] Future
Efforts are being made in Congress to better integrate the State Defense Forces into a larger Homeland Security strategy. This might involve enabling the Secretary of Defense to coordinate with, loan equipment to, and provide training for the State Defense Forces. Even absent such federal support, as State Defense Forces become increasingly more "professionalized" in terms of the quality of their recruits, training, and state-level funding, they are sure to perform an increasingly significant--and more visible--role alongside other, more established, responders.
[edit] Federal activation
The U.S. Constitution, coupled with several statutory and case laws, details the relationship of the State Defense Forces to the federal government. Outside 32 USC 109, the U.S. Supreme Court ruled: "It is true that the state defense forces 'may not be called, ordered, or drafted into the armed forces.' 32 U.S.C. 109(c). It is nonetheless possible that they are subject to call under 10 U.S.C. 331-333, which distinguish the 'militia' from the 'armed forces,' and which appear to subject all portions of the 'militia' - organized or not - to call if needed for the purposes specified in the Militia Clauses" Perpich v. Department of Defense, 496 U.S. 334 (1990). The following is an extract of the laws which the U.S. Supreme Court cited giving the federal government authority to activate the State Defense Forces.
10 USC 311 - “Militia: composition and classes”
(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.
(b) The classes of the militia are -
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
10 USC 331 - “Federal aid for State governments”
Whenever there is an insurrection in any State against its government, the President may, upon the request of its legislature or of its governor if the legislature cannot be convened, call into Federal service such of the militia of the other States, in the number requested by that State, and use such of the armed forces, as he considers necessary to suppress the insurrection.
10 USC 332 – “Use of militia and armed forces to enforce Federal authority”
Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State or Territory by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.
10 USC 333 – “Interference with State and Federal law”
The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it -
(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.
In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.
[edit] List of current State and Territory Defense Forces
A 2005 Department of Defense report (accessible through the forums below) reported 23 active SDFs; 22 are listed here.
- Alabama State Defense Force [1]
- Alaska State Defense Force [2]
- California State Military Reserve [3]
- Georgia State Defense Force [4]
- Indiana Guard Reserve [5]
- Maryland Defense Force [6]
- Massachusetts State Guard [7]
- Michigan Volunteer Defense Force [8] (ex Michigan Emergency Volunteers, reformed 2004)
- Mississippi State Guard [9]
- New Jersey Naval Militia [10]
- New Mexico State Defense Force [11]
- New York Guard [12]
- Ohio Military Reserve [13]
- Oregon State Defense Force [14]
- Puerto Rico State Guard [15]
- South Carolina State Guard [16]
- Tennessee State Guard [17]
- Texas State Guard [18]
- Vermont State Guard [19]
- Virginia State Defense Force [20]
- Washington State Guard [21]
[edit] See also
- Awards and decorations of the State Defense Forces
- Naval militia
- Wisconsin State Defense Force - inactive SDF of Wisconsin
[edit] Discussion Groups
[edit] Federal bills regarding use of the State Defense Forces
- 2003 House Resolution #2797: Guard in relation to Homeland Security
- 2005 House Resolution #3401: Guard in relation to Homeland Security
- 2006 Senate Resolution #2767: Proposed use of Armed Forces and Guard in times of emergency
- 2007 House Resolution #826: State Defense Force Improvement Act
