The National Guard’s Dueling Banjos: Federal Hegemony V. State Sovereignty, Kim, Taeho, 9781288327270

Author: Kim, Taeho


The uniqueness and confusion surrounding the National Guard is duality. The National Guard is guaranteed by the US Constitution, and it is shared and separated as a military organization among the states and the federal government under separate statutory laws. Therefore, the National Guard functions as a state organization and a federal force. Yet, the two statuses are inseparable; members join both at the same time. The National Guard is state-based and state organized but mostly funded by the federal government, trained to federal standards and has a federal mission. Governors supposedly control their state militias, yet, history demonstrates otherwise. Through the evolution of statutory and case law, the federal government has eroded state control despite constitutional guarantees.

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