reply to post by marg6043
Hi Timothy,
I believe the information below answers some of the questions you called about earlier today. Please let me know if you need any more information:
Who has authority over the militia?
Although the term "reserves" is often used as a generic term to refer to all members of the seven individual reserve components, there is an
important distinction between the five reserve components which are purely federal entities (the Army Reserve, Navy Reserve, Marine Corps Reserve, Air
Force Reserve, and Coast Guard Reserve) and the two reserve components which are both federal and state entities (the Army National Guard and the Air
National Guard). In this context, the purely federal reserve components are sometimes referred to collectively as the Reserves, while the dual
federal/state reserve components are referred to collectively as the National Guard.
The Reserves are of comparatively recent origin, having all been established in the 20th century. They were organized under Congress' constitutional
authority "to raise and support Armies" and "to provide and maintain a Navy." The National Guard has a much longer historical pedigree. It is
descended from the colonial era militia(21) which existed prior to the adoption of the Constitution. The Constitution does, however, contain
provisions that recognize the existence of the militia and that give the federal government a certain amount of control over it. See U.S.
Constitution, Article I, Section 8, clauses 15 and 16, and Article II, Section 2, clause 1 below.
Unlike the Reserves, which are exclusively federal organizations, the National Guard is usually both a state and a federal organization. The National
Guard of the United States is made up of 54 separate National Guard organizations: one for each state, and one for Puerto Rico, Guam, the U.S. Virgin
Islands, and the District of Columbia. While the District of Columbia National Guard is an exclusively federal organization and operates under federal
control at all times, the other 53 National Guards operate as state or territorial organizations most of the time. In this capacity, each of these 53
organizations is identified by its state or territorial name (e.g. the California National Guard or the Puerto Rico National Guard), and is controlled
by its respective governor.
Section. 8.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general
Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective
Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
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;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular
States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places
purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and
other needful Buildings;--And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this
Constitution in the Government of the United States, or in any Department or Officer thereof.
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.
Northern Command (NORTHCOM) and Canada
In 2002, President Bush signed a new Unified Command Plan establishing United States Northern Command (NORTHCOM) to provide command and control of the
Department of Defense's homeland defense efforts and to coordinate military support to civil authorities. As a geographical combatant command,
NORTHCOM has an area of responsibility that includes the continental United States, Alaska, Canada, Mexico, and surrounding waters out to
approximately 500 nautical miles, including the Gulf of Mexico and the Straits of Florida.
In December 2002, Canada and the United States established a Bi-national Planning Group at North American Aerospace Defense Command (NORAD)/NORTHCOM
headquarters to review theater cooperation in the post 9/11 security environment. The 50-person military team dissolved in May 2006 after submitting a
final report with 62 recommendations. Some recommendations, like authority for WMD teams to cross the border, will require legislative action to be
effective. However, most, like protocols for information sharing between NORAD, NORTHCOM, and Canada Command, could be orchestrated under existing
laws or within NORAD agreement.
In February 2008, military leaders from NORTHCOM and Canada Command agreed to a Civil Assistance Plan. The Civil Assistance Plan "allows the military
from one nation to support the armed forces of the other nation during a civil emergency" and is expected to "facilitate military-to-military
support of civil authorities once government authorities have agreed on an appropriate response." NORTHCOM and Canada Command leaders view the
agreement as an opportunity to collaboratively synchronize each nation's military operational plans to support each countries lead federal agencies
-- the U.S. Department of Homeland Security and Public Safety Canada -- following events such as "floods, forest fires, hurricanes, earthquakes and
effects of a terrorist attack."
In addition to coordinating operational plans, the commanders of NORTHCOM and Canada Command and their staffs meet regularly, collaborate on
contingency planning, and participate in related annual exercises. Further, Canada has linked some of its exercises with the U.S. National Level
Exercise (NLE) schedule. For example, during NLE 2-08, Canadian forces, led by Canada Command, participated in exercise Staunch Maple where they were
faced with a mass casualty scenario associated with a simulated explosion and a pandemic flu outbreak aboard a Canadian ship in a Canadian port.
Rex 84 Camps
After some research, I think this is based on the U.S. Government's Continuity of Government plan. I don't know if what you have heard about the
camps was tied in to this directive:
On May 9, 2007, President George W. Bush issued National Security Presidential Directive (NSPD) 51, which is also identified as Homeland Security
Presidential Directive (HSPD) 20, on National Continuity Policy. The directive updates longstanding continuity directives designed to assure that
governing entities are able to recover from a wide range of potential operational interruptions. Executive branch efforts to assure essential
operations are similar to those that are broadly integrated into many private sector industries. Government continuity planning also incorporates
efforts to maintain and preserve constitutional government, based on the assumption that certain essential activities typically provided by government
must be carried out with little or no interruption under all circumstances.
I hope this helps,
Kirtley
Kirtley Fisher, Legislative Assistant
Representative Jim Langevin (RI-02)
109 Cannon Building
Washington, DC 20515
(202) 225.2735/ (202) 225.5976 (fax)
www.house.gov/langevin
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