National Guard Deployment: Governors’ Rights and Federal Primacy

The Historical Context and Evolution of National Guard Deployment

Until 1916, governors of the United States had the authority to refuse a presidential request for National Guard (NG) troops within their states. However, the situation changed dramatically in the aftermath of World War I, when the U.S. Congress passed legislation that empowered the president to call up NG units without the consent of state governments.

One notable instance occurred in 1985, when eight governors protested Reagan's decision to deploy their NG units to Central America, leading to a contentious dispute. This dispute was ultimately resolved by the so-called “Montgomery Agreement,” which affirmed the president's primacy over state NG units.

Supremacy Clause and Federalization

The National Guard is a part of the U.S. Army or other U.S. military systems and thus falls under the control of the Commander-in-Chief, the president. This means that the president has the authority to federalize NG units for active duty. When a governor refuses to comply, non-compliance can result in court-martial up to and including discharge. This was demonstrated during pivotal moments such as the Little Rock Crisis of 1957, when President Eisenhower federalized the Arkansas National Guard to enforce desegregation.

Another key instance occurred during the integration of the University of Alabama, where President Kennedy federalized the entire Alabama National Guard. In both cases, the president's authority was clear and the governors' objections were disregarded.

The Legal Framework

The principle of federal supremacy over the National Guard is reinforced by the United States Supreme Court case Perpich v. United States Department of Defense, which was decided in 1990. In this case, the court reaffirmed the federal government's power to federalize the National Guard, thereby overriding any state-level resistance.

This historical and legal context underscores the fact that there is no protocol that allows a governor to deny a presidential request for NG deployment. The president's authority is absolute in such matters, as demonstrated by multiple instances throughout U.S. history.

Conclusion

While governors' rights are protected within their own state jurisdictions, federal laws and Supreme Court rulings have established the president's authority to override these rights when it comes to NG deployment. This authority is rooted in the Supremacy Clause of the U.S. Constitution and has been upheld through landmark cases and practical deployments.

For anyone looking to understand the complex relationship between federal and state powers in the context of the National Guard, this historical and legal analysis provides a comprehensive overview.