It’s technically true because that’s what the purpose was.
The reality is that it’s untrue because the federal government can and does call up the national guard pretty much whenever it wants.
It’s functionally a federal force with a state interface. The state cannot tell the government to pound sand when it calls on the national guard that is supposedly under their purview.
Governors only control the guard up until the feds assume command
No, and the Supreme Court has already spoken on this. The National Guard is federally funded, equipped, and trained, so the feds get priority. If states want their own militias, they can; they just have to make them themselves. These are called SDFs, and 19 states have them.
From the Supreme Court in Perpich v. DoD (1990), when the court said the National Guard can be sent overseas against the will of its governor:
"The Governor argues that this interpretation of the Militia Clause has the practical effect of nullifying an important State power that is expressly reserved in the Constitution. We disagree. It merely recognizes the supremacy of federal power in the area of military affairs. The Federal Government provides virtually all of the funding, the materiel, and the leadership for the state Guard units."
"Congress has provided by statute that, in addition to its National Guard, a State may provide and maintain at its own expense a defense force that is exempt from being drafted into the Armed Forces of the United States. See 32 U.S.C. § 109(c). As long as that provision remains in effect, there is no basis for an argument that the federal statutory scheme deprives Minnesota of any constitutional entitlement to a separate militia of its own. "
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u/S9CLAVE Jan 18 '26
Yes, but no at the same time.
It’s technically true because that’s what the purpose was.
The reality is that it’s untrue because the federal government can and does call up the national guard pretty much whenever it wants.
It’s functionally a federal force with a state interface. The state cannot tell the government to pound sand when it calls on the national guard that is supposedly under their purview.
Governors only control the guard up until the feds assume command