Photo By Joseph Siemandel | Washington Army National Guard Office of Staff Judge Advocate and I Corps Staff Judge...... read more read more
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When a major disaster happens in a state, the governor has the authority to activate the National Guard to support civil authorities and first responders in mitigating damage and assisting with recovery efforts.
While the states are primarily responsible for responding to major disasters, the President of the United States can, in some circumstances, deploy U.S. military and federalized National Guard troops to respond.
Federal law defines when U.S. military and federalized National Guard troops may be deployed. Leaders in both the National Guard and the active and reserve components must understand the constitutional and statutory limits of their authority under state and federal law.
That is why on June 4, the Washington Army National Guard Office of Staff Judge Advocate hosted a joint continuing legal education seminar on civil disturbance operations and the Insurrection Act with I Corps, presented by the Washington Army National Guard’s domestic operations chief Maj. Jordan Steveson.
“The continuing legal education event provided valuable information on how and why the Insurrection Act is implemented, and real-world examples of when the military becomes involved in domestic operations,” said Warrant Officer 1 Melissa Miller, a legal administrator with the Washington Army National Guard. “Participants gained the knowledge and skills to provide sound legal advice in complex civil disturbance and insurrection scenarios.”
Under normal circumstances, the Posse Comitatus Act forbids the U.S. military — including federal armed forces and National Guard troops called into federal service — from taking part in civilian law enforcement. This prohibition reflects an American tradition that views military interference in civilian government as inherently dangerous to liberty. However, the Insurrection Act authorizes the president to deploy military forces inside the United States to suppress rebellion or domestic violence or to enforce the law in certain situations. The statute implements Congress’s authority under the Constitution to “provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.”
Invoking the Insurrection Act might involve soldiers quelling a serious civil disturbance or suppressing an uprising against the government. Of course, not every domestic use of the military involves law enforcement activity. Other laws, such as the Stafford Act, allow the military to be used to respond to natural disasters, public health crises, and other similar events without waiving the restrictions of the Posse Comitatus Act.
Understanding when and how state and federal governments can respond to emergencies is especially important given the dual status of the National Guard. National Guard soldiers may find themselves acting under either state or federal authority. In recent years, the National Guard was activated during unprecedented periods of civil unrest and disturbance. In June 2020, Guard members across the country were activated following the murder of George Floyd in Minneapolis, Minn. In November 2020, Guard members were prepared to mobilize following the Presidential election, and in January 2021, following the riots at the U.S. Capitol on January 6, Guard members from across the country came to the nation’s capital to provide support to the D.C. Police Department.
“These legal education opportunities are important for Judge Advocates to provide timely and accurate advice to commanders,” said LTC Brett Rubio, attorney, Judge Advocate General office, Washington Army National Guard.
| Date Taken: | 06.14.2024 |
| Date Posted: | 06.14.2024 13:31 |
| Story ID: | 474005 |
| Location: | JOINT BASE LEWIS-MCCHORD, WASHINGTON, US |
| Web Views: | 166 |
| Downloads: | 0 |
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