I made a video to help muddle through what it means to activate the National Guard, what authority they do or don’t have, and what’s the difference, if any, between the active duty, reserves, and Guard.
For those who are visual:
Active Duty= full time federal troops with limited to no law enforcement ability in the US. Often called “Title 10 troops.”
Reserves: Same as Active Duty, but on a part time status. Cannot be used for law enforcement generally.
National Guard: A reserve component of both the Army and Air Force, with TWO missions. Each officer in the guard has a commission in the Federal forces, and a commission in the state he/she is a member of. Guard can act under title 10, with no law enforcement capability, when activated by the President. If activated by the Governor, they CAN do law enforcement and are under “title 32 authority.”
A Governor cannot stop his/her guard from being federally activated, but can prevent them being activated under “title 32” with law enforcement ability.
HOWEVER: The President can invoke the insurrection act which allows ALL troops to perform law enforcement duties.
Bottom line: so far the 2000 California guard troops activated are currently Title 10, activated against the wishes of the Governor, and cannot be used for law enforcement, unless and until insurrection act is invoked.
It’s all bad unfortunately. But so far…its for show.
Adam
