Global InformationState defense force information
In the United States, state defense forces (SDFs) are military units that operate under the sole authority of a state government. State defense forces are authorized by state and federal law and are under the command of the governor of each state.[1][2][3]
State defense forces are distinct from their state's National Guard in that they cannot become federal entities. All state National Guard personnel (to include the National Guard of the District of Columbia, the Commonwealth of Puerto Rico and the territories of Guam and the Virgin Islands) can be federalized under the National Defense Act Amendments of 1933 with the creation of the National Guard of the United States. This provides the basis for integrating units and personnel of the Army National Guard into the U.S. Army and, since 1947, units and personnel of the Air National Guard into the U.S. Air Force.[4]
The federal government recognizes state defense forces, as per the Compact Clause of the U.S. Constitution, under 32 U.S.C. § 109 which provides that state defense forces as a whole may not be called, ordered, or drafted into the armed forces of the United States, thus preserving their separation from the National Guard. However, under the same law, individual members serving in the state defense force are not exempt from service in the armed forces (i.e., they are not excluded from the draft). Under 32 USC § 109(e), "A person may not become a member of a defense force ... if he is a member of a reserve component of the armed forces."
Nearly every state has laws authorizing state defense forces, and 19 states, plus the Commonwealth of Puerto Rico, have active forces with different levels of activity, support, and strength. State defense forces generally operate with emergency management and homeland security missions. Most SDFs are organized as ground units, but air and naval units also exist.[5][6] Depending on the state, they may be variously named as state military, state military force, state guard, state militia, or state military reserve.
Every state defense force is also the command authority for the "unorganized militia", which is defined as every able bodied male between the age of 17 and 45 who is not already serving in some capacity within the armed forces or National Guard.[7] The original concept of the unorganized militia being a citizen army which could be raised immediately in times of extreme national emergency. In the modern day military, the unorganized militia is considered obsolete with very few exceptions. One of the only recognized instances where unorganized militia members wear uniforms and actively perform military duties is the Virginia Militia which actively employs officers amongst the various military schools in the state of Virginia.[8]
- ^ https://statedefenseforce.com/
- ^ https://sgaus.org/
- ^ "32 U.S. Code § 109 - Maintenance of other troops".
- ^ "Legal Basis of the National Guard". Army National Guard. 2013. Archived from the original on 21 May 2013. Retrieved 17 May 2013.
- ^ Rodriguez, M. A. (2013). "Texas State Guard". txsg.state.tx.us. Archived from the original on 4 September 2013. Retrieved 17 May 2013.
- ^ "10 U.S. Code § 246 - Militia: Composition and classes".
- ^ Code of Virginia, Section 44-117