What is the National Guard

September 6, 2025

Legal and Constitutional Foundations & Tensions
The Guard traces its roots back to colonial militias, with December 13, 1636 often cited as its birthdate.
The U.S. Constitution and federal law imbue the Guard with its dual state/federal mission.
A recurring tension is the balance of authority: states generally control Guard forces, but the President can federalize them under certain conditions, such as insurrections or national emergencies.

The use of the Guard in domestic law enforcement is constrained by laws like the Posse Comitatus Act, which limits the federal military’s role in civil policing. Any military deployment in domestic settings must navigate these legal boundaries.

Contemporary Relevance & Debates
In 2025, deployment of National Guard troops to U.S. cities, sometimes without the consent of state governors, has triggered major legal and political battles over states’ rights, presidential power, and the militarization of domestic affairs (e.g. in Oregon, Illinois, and California).
Critics warn that expanded domestic roles risk blurring the line between military force and civil law enforcement, potentially undermining civil liberties and local sovereignty.