SJM 8012
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Brief Description: Requesting the Washington Air and Army National Guard not be
federalized.
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- Requests Congress to pass pending legislation related to presidential control of the
National Guard.
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Hearing Date:
Staff: Alison Hellberg (786-7152).
Background:
The federal John Warner National Defense Authorization Act of 2007 (P.L. 109-364) gives the
President of the United States power to federalize the National Guard (Guard) without consent of
the governors. Previously, governors had control of the Guard in domestic emergencies and the
President had control for overseas demands.
The President may employ the Guard in federal service to:
- restore public order as a result of natural disaster, epidemic, or other serious public health
emergency, terrorist attack, or incident, or other condition that the President determines that
the state is incapable of maintaining public order; or
- suppress, in a state, any insurrection, domestic violence, or conspiracy that creates a
condition where people of the state are deprived of any right, privilege, immunity, or
protection provided for in the U.S. Constitution.
There are currently two companion bills pending before Congress that revive previous authority
on the use of armed forces and the Guard.
Summary of Bill:
Legislative findings are made that:
- The Washington National Guard (Guard) has served Washington well and faithfully;
- Nearly 8,600 men and women of the Washington Air and Army Guard serve the state and
nation, at home and abroad;
- The Militia clause of the U.S. Constitution guarantees each state the right to maintain an
organized militia for the protection and defense of its citizens;
- The Guard plans, trains, and exercises with local, state, and federal officials to provide relief
under the Governor's control during emergencies and disasters;
- State control of the Guard in the event of an emergency is critical to the execution of local,
state, interstate, and federal emergency management plans;
- Placing the Guard under federal control without the consent of the Governor undermines the
Guard's effectiveness and deprives the state of Washington the ability to protect its own
citizens;
- Section 1076 of the John Warner National Defense Authorization Act of 2007 (P.L. 109-364)
was adopted without any public hearing and improvidently amended the Insurrection Act;
- The unilateral Presidential authority conferred by Section 1076 of P.L. 109-364 is devoid of
any required consultation or consent of the Congress;
- The provisions of Section 1076 of P.L. 109-364 were signed into law despite the opposition
of the nation's governors acting on behalf of their respective sovereign states; and
- Pending bills companion bills before Congress, if enacted, will rescind the objectionable
provisions of Section 1076 of P.L. 109-364.
The United States House of Representatives and the United States Senate are requested to enact
H.R. 869 and S. 513, which relate to presidential control of the Guard.
Appropriation: None.
Fiscal Note: Not requested.