# "The Governor's called out the National Guard!" How? Is he/she Commander-in-Chief? **URL:** \ **Category:** Factual Questions\ **Created:** [January 14, 2014, 7:19pm UTC](https://boards.straightdope.com/t/the-governors-called-out-the-national-guard-how-is-he-she-commander-in-chief/678803 "2014-01-14T19:19:41Z")\ **Posts on this page:** 12\ **Page:** 1
**Author:** ![Leo\_Bloom](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/leo_bloom/32/10377_2.png) [@Leo\_Bloom](https://boards.straightdope.com/u/Leo_Bloom)\ **Post date:** [January 14, 2014, 7:19pm UTC](https://boards.straightdope.com/t/the-governors-called-out-the-national-guard-how-is-he-she-commander-in-chief/678803/1 "2014-01-14T19:19:41Z")
See subject. Always wondered about this, how it gets done, and who handles the troops. Also avoiding posse commitatus issues. ---
**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\ **Post date:** [January 14, 2014, 7:27pm UTC](https://boards.straightdope.com/t/the-governors-called-out-the-national-guard-how-is-he-she-commander-in-chief/678803/2 "2014-01-14T19:27:48Z")
The National Guard serves both the governor of a state and the President of the United States. Title 32 of the United States Code governs how the National Guard may be operated by the states, typically for disaster response, homeland security, and even support to law enforcement. Title 10 governs the use of the Army, Navy, Air Force, and Marines as commanded by the President. If the National Guard is activated to respond to riots or whatnot, the governor is in command of the troops under Title 32 as a state mission. If the President orders the National Guard to respond to a national emergency, such as war, the Guard would be mobilized in Title 10 status. Same troops, different legal authorities. ---
**Author:** ![Dorjan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dorjan/32/12440_2.png) [@Dorjan](https://boards.straightdope.com/u/Dorjan)\ **Post date:** [January 14, 2014, 7:42pm UTC](https://boards.straightdope.com/t/the-governors-called-out-the-national-guard-how-is-he-she-commander-in-chief/678803/3 "2014-01-14T19:42:08Z")
Also, The Posse Commitatus Act does not apply to the National Guard under authority of the state’s governor from acting in a law enforcement capacity within its home state or in an adjacent state (with the OK from that state’s governor). ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [January 14, 2014, 8:26pm UTC](https://boards.straightdope.com/t/the-governors-called-out-the-national-guard-how-is-he-she-commander-in-chief/678803/4 "2014-01-14T20:26:27Z")
Two different parts of the US code. Title 10 covers Active Duty. Title 32 covers the National Guard. National Guard oath of enlistment: > [@](#): > > I, (NAME), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the State of (STATE NAME) against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the Governor of (STATE NAME) and the orders of the officers appointed over me, according to law and regulations. So help me God. Active duty: > [@](#): > > I, (NAME), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God. ---
**Author:** ![joebuck20](https://avatars.discourse-cdn.com/v4/letter/j/74df32/32.png) [@joebuck20](https://boards.straightdope.com/u/joebuck20)\ **Post date:** [January 14, 2014, 8:33pm UTC](https://boards.straightdope.com/t/the-governors-called-out-the-national-guard-how-is-he-she-commander-in-chief/678803/5 "2014-01-14T20:33:34Z")
When Sarah Palin was running for VP didn’t she or her supporters cite her being commander-in-chief of the Alaska National Guard as one of her qualifications? ---
**Author:** ![AskNott](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asknott/32/5790_2.png) [@AskNott](https://boards.straightdope.com/u/AskNott)\ **Post date:** [January 14, 2014, 8:51pm UTC](https://boards.straightdope.com/t/the-governors-called-out-the-national-guard-how-is-he-she-commander-in-chief/678803/6 "2014-01-14T20:51:25Z")
> [@joebuck20](#): > > When Sarah Palin was running for VP didn’t she or her supporters cite her being commander-in-chief of the Alaska National Guard as one of her qualifications? She did. Here in General Questions, talking about Mrs. Palin might be too political for GQ. I’m not a moderator here. I’m just a guy who got his ears boxed awhile back for getting political in GQ. ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [January 14, 2014, 8:59pm UTC](https://boards.straightdope.com/t/the-governors-called-out-the-national-guard-how-is-he-she-commander-in-chief/678803/7 "2014-01-14T20:59:23Z")
Every state also has a military command structure in place for organizing and deploying state military units (including, but not limited to, National Guard units) under the command of the governor, usually headed by a state military officer called the [adjutant general](http://en.wikipedia.org/wiki/State_adjutant_general). Most states also have militia units which are not part of the National Guard and can serve the state government when the National Guard is otherwise unavailable. (Or whenever else they’re needed.) Fun fact: New York is one of only a few states that has its very own [navy](http://en.wikipedia.org/wiki/New_York_Naval_Militia). ---
**Author:** ![dtilque](https://avatars.discourse-cdn.com/v4/letter/d/d6d6ee/32.png) [@dtilque](https://boards.straightdope.com/u/dtilque)\ **Post date:** [January 15, 2014, 7:05am UTC](https://boards.straightdope.com/t/the-governors-called-out-the-national-guard-how-is-he-she-commander-in-chief/678803/8 "2014-01-15T07:05:19Z")
> [@friedo](#): > > Most states also have militia units which are not part of the National Guard and can serve the state government when the National Guard is otherwise unavailable. (Or whenever else they’re needed.) They do? I’m unfamiliar with these units. Can you give more info, please. ---
**Author:** ![puddleglum](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puddleglum/32/137_2.png) [@puddleglum](https://boards.straightdope.com/u/puddleglum)\ **Post date:** [January 15, 2014, 3:30pm UTC](https://boards.straightdope.com/t/the-governors-called-out-the-national-guard-how-is-he-she-commander-in-chief/678803/9 "2014-01-15T15:30:23Z")
> [@joebuck20](#): > > When Sarah Palin was running for VP didn’t she or her supporters cite her being commander-in-chief of the Alaska National Guard as one of her qualifications? The Alaska national guard is unique in that it has one unit, the 49th Missile Defense Battalion, that is on permanent active duty. ---
**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\ **Post date:** [January 15, 2014, 4:36pm UTC](https://boards.straightdope.com/t/the-governors-called-out-the-national-guard-how-is-he-she-commander-in-chief/678803/10 "2014-01-15T16:36:32Z")
> [@joebuck20](#): > > When Sarah Palin was running for VP didn’t she or her supporters cite her being commander-in-chief of the Alaska National Guard as one of her qualifications? She wasn’t the only ex-governor running for VP or president who made that assertion. It’s pretty common as a way to supposedly show they understand the military. ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [January 15, 2014, 4:54pm UTC](https://boards.straightdope.com/t/the-governors-called-out-the-national-guard-how-is-he-she-commander-in-chief/678803/11 "2014-01-15T16:54:09Z")
> [@dtilque](#): > > They do? I’m unfamiliar with these units. Can you give more info, please. Here you go. [State defense forces](http://en.wikipedia.org/wiki/State_defense_force). ---
**Author:** ![Leo\_Bloom](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/leo_bloom/32/10377_2.png) [@Leo\_Bloom](https://boards.straightdope.com/u/Leo_Bloom)\ **Post date:** [January 15, 2014, 5:02pm UTC](https://boards.straightdope.com/t/the-governors-called-out-the-national-guard-how-is-he-she-commander-in-chief/678803/12 "2014-01-15T17:02:57Z")
> [@dtilque](#): > > They do? I’m unfamiliar with these units. Can you give more info, please. I didn’t know about them either. Wiki covers them in “[State Defense Forces](http://en.wikipedia.org/wiki/State_defense_force).” A blog and links to what-all of each state is [here](http://www.statedefenseforce.com). The Wiki covers it, but the relationship of them to the National Guard, let alone the (Federal) Armed Forces, is complicated to begin with, and gets more so under different war footings. There’s a NYTimes story (easy Google hit) about the low-level quality of some of the command, with a quote (paraphrase) that the quickest way to a General is to know a Governor. More seriously, after 9/11 and the creation of “Homeland Security” branch, the forces have been getting a lot more attention and re-structuring. An excerpt from the Wiki about them: Some state defense forces have minimal enlistment requirements, permitting virtually any citizen under a prescribed age (usually 66) to join, even if they have no previous military experience, or don’t meet conventional military physical standards (California, for instance, requires no physical fitness test prior to entry and has weight/height standards significantly more relaxed than the U.S. military).[21] Others, such as Tennessee, normally require personnel to have been honorably discharged from the U.S. military, or have a professional background in a critical skill such as engineering or medicine.[22] Many state defense forces allow enlistment “at will” and personnel are under no termed service obligation, as with most conventional military forces, meaning they can simply quit at any time without facing charges of desertion or Absence Without Leave. Training standards vary widely, but usually require only 15 days of annual drill, compared to the 38 days required of most federal military reserve forces. Unlike the U.S. military, there is generally only a limited period of basic training, often as few as four days for persons with no prior military experience, significantly less than the ten weeks of basic training required, for instance, by the United States Army. The Military Emergency Management Specialist (MEMS) qualification created by the State Guard Association of the United States has become a common training focal point among state defense forces. Alabama, California, Indiana, Texas, Ohio and others have adopted the MEMS Badge as a basic qualification required of all members desiring promotion. Training is conducted both online, and through MEMS academies in each state, and includes course material provided by FEMA and other agencies, as well as practical experience in local disaster planning and exercise management.[23] Community Emergency Response Teams (CERTs) are being organized by several SDFs by utilizing training offered by the Federal Emergency Management Agency’s Citizen Corps. Some states follow the lead of the Army and offer a permanent tab (worn in a similar manner as the Army’s Ranger and Sapper tabs) as an incentive to become certified as part of the local or unit CERT team. Weapons qualification and training is provided in some SDFs. However, most SDFs do not require weapons proficiency. A 2006 report by the U.S. Freedom Foundation, an organization affiliated with the State Guard Association of the United States,[24] recommended minimum standards for state defense forces, including weapons training, but the report has been largely ignored. Some SDFs have laws that in the event of deployment by order of the state legislature and/or governor, they will become armed.