Easley Says New Presidential Power Over National Guard Unwise

Gov. Mike Easley has sent a letter to the Senate National Guard Caucus, on behalf of the nation’s governors, urging repeal of a section of the National Defense Authorization Act that jeopardizes states’ abilities to respond to emergencies and unnecessarily expanded the authority of the President to federalize the National Guard. Sen. Pat Leahy (D, Vermont) and Sen. Kit Bond (R, Missouri) are chairs of the National Guard Caucus.

The letter was sent through the National Governors Association, where Easley serves as co-lead on the National Guard along with South Carolina Gov. Mark Sanford. Sanford also signed the letter. Text of the letter follows:

Dear Senator Leahy and Senator Bond:

Section 1076 of the John Warner National Defense Authorization Act (Public Law 109-364) unnecessarily expanded the President

Unless activated in purely federal service, the National Guard is and should remain under state control with governors as commanders-in-chief. The dual mission of the Guard, a combat ready force that can be called on by the President and a first responder in domestic emergencies or disasters under the command and control of the Governor, requires that federal law clearly delineate chains of command for each mission. The changes made to the

The Insurrection Act, prior to passage of the National Defense Authorization Act, served the nation well as an extraordinary remedy that allowed the President to take control of the Guard in the most rare and exceptional of cases. Despite the role of governors as commander-in-chief of the Guard in their states, Section 1076 of the National Defense Authorization Act was drafted without consultation with governors and without full discussion or debate regarding the ramifications of such a change on domestic emergency response. We urge Congress to repeal the provision in Section 1076 of the Act and open a dialogue with governors regarding how to best enhance the effectiveness of the Guard in responding to domestic disasters and emergencies.