Whats the diff between the Army, National Guard, and reserves?

JEDI

Lifer
Sep 25, 2001
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CNN

"The active Army, the Guard and the Army Reserve are all on track to meet their re-enlistment goals for the fiscal year that will end September 30."

That got me thinking what's the National Guard.

Army is a US Military branch.

reserves are US Army part timers... 1 weekend a month, and 2 weeks in the summer, if i remember my commercials right.

National guard? is that the State military? if so, how can Bush draft them to fight somewhere outside of their home state. (ie: Iraq)
 

FoBoT

No Lifer
Apr 30, 2001
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http://en.wikipedia.org/wiki/United_States_National_Guard

[edit] Overview
The Militia Act of 1903 organized the various state militias into the present National Guard system. The Army National Guard is part of the United States Army, comprising approximately one half of its available combat forces and approximately one third of its support organization. The Air National Guard is part of the United States Air Force.

Title X of the US Code states:

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are?

(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.[1]
Many states also maintain their own State Defense Forces. These forces are federally recognized, but are separate from the National Guard and are not meant to be federalized, but rather serve the state exclusively, especially when the National Guard is deployed or otherwise unavailable.

Army National Guard units are trained and equipped as part of the U.S. Army; likewise, Air National Guard units are trained and equipped as part of the US Air Force. Both are expected to adhere to the same moral and physical standards as their "full-time" Federal counterparts. The same ranks and insignia are used and National Guardsmen are eligible to receive all United States military awards. The National Guard also bestows a number of state awards for local services rendered in a service member's home state.
Constitutional charter of the National Guard
The Army National Guard's charter is the Constitution of the United States.

Article I, Section 8 of the U.S. Constitution contains a series of "militia clauses", vesting distinct authority and responsibilities in the federal government and the state governments.

1) Article I, Section 8; Clause 15

The Congress shall have Power ... To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.

National Guardsmen, Penn Station, New York City2) Article I, Section 8; Clause 16

The Congress shall have Power ... To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.
3) Article I, Section 8, Clause 12

"The Congress shall have Power ... To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years"
4) Article I, Section 10 Clause 3

"No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay."
5) The Second Amendment

"A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed."
6) Article IV, Section 4

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
7) Article II, Section 2

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
 

FoBoT

No Lifer
Apr 30, 2001
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this also goes to the OP's question, the part about why the President can send them to Iraq
The Montgomery Amendment to the National Defense Authorization Act for Fiscal Year 1987
provides that a governor cannot withhold consent with regard to active duty outside the United States because of any objection to the location, purpose, type, or schedule of such duty. This law was challenged and upheld by the Supreme Court of the United States in 1990 (see case in FindLaw [2])
 

thepd7

Diamond Member
Jan 2, 2005
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Originally posted by: chowmein
reserves and guard deploy more than active duty. FACT.

Any evidence of that? I know a lot of reserves and guard are getting deployed right now but not more than active duty. The only reason I can think of that you would say that is because lots of active duty people are stationed somewhere so they don't get deployed per say. Please, link or reference if you have one.
 

JEDI

Lifer
Sep 25, 2001
29,391
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Originally posted by: FoBoT
this also goes to the OP's question, the part about why the President can send them to Iraq
The Montgomery Amendment to the National Defense Authorization Act for Fiscal Year 1987
provides that a governor cannot withhold consent with regard to active duty outside the United States because of any objection to the location, purpose, type, or schedule of such duty. This law was challenged and upheld by the Supreme Court of the United States in 1990 (see case in FindLaw [2])

thx

what reason did the supreme court give in upholding the fed's right to draft people who thought they were serving just the states? or did the fed govt just pass a law saying they could, and the supreme court couldnt find anything in the constitution that prevented the Pres/Congress from doing that?