The Adjutant General reports to the Governor.
I wonder if the Louisiana AG feels as strongly as the Connecticutt AG about not taking control from the Governor cuz this is what he said at a congressional hearing:
MAJOR GENERAL WILLIAM A. CUGNO
ADJUTANT GENERAL, CONNECTICUT
BEFORE
THE HOUSE GOVERNMENT REFORM
SUBCOMMITTEE ON
NATIONAL SECURITY, VETERANS AFFAIRS,
AND INTERNATIONAL RELATIONS
UNITED STATES HOUSE OF REPRESENTATIVES
FIRST SESSION, 107TH CONGRESS
ON
COMBATING TERRORISM:
FEDERAL RESPONSE TO A BIOLOGICAL WEAPONS ATTACK
JULY 23, 2001
I cant emphasize enough the realities of what occurs in a state during emergencies. I know those who
advocate a strong federal role often underestimate these realities. The Governor has the ultimate
responsibility to restore normalcy to his or her citizens and should to the greatest extent resist
relinquishing control. Dark-Winter proponents of a strong federal role clearly demonstrated a lack of
understanding of statehood and political realities. Federal agencies must understand that the victims of
Dark Winter, and the victims of any state emergency for that matter, trust their local and state
governments for relief -- relief delivered by trusted neighbors, first responders and state Guardsmen -- as
they have in past emergencies. When a strong state chain of command and control is maintained and
federal assets are integrated as needed, unnecessary federalization of the National Guard is avoided. The
Governor maintains control.
Federalizing the National Guard would raise legal issues in respect to the Dark-Winter operation. The
ability of the federal government to use the National Guard is limited by the Militia Clause of the
Constitution Clause.[1] The Militia Clause provides for the calling forth of the Militia to execute the
Laws of the Union, suppress insurrections and repel invasions. Congress empowered the President, as
the Commander in Chief, to call forth the Militia.[2] The law, however, constrains the President in the
federal use of the National Guard, limiting the use to when the President is unable to execute the federal
law with regular forces.[3]
The Posse Comitatus Act prohibits the use of any part of the Army, Air Force, Navy, or Marines,
including their reserve components, as a posse comitatus (armed force) or otherwise to execute the
laws, except as authorized by the Constitution or Act of Congress. Congress has created a number of
statutory exceptions to the Posse Comitatus Act, which fall into four major categories: (1) insurrections
and civil disturbances, [4] (2) counterdrug operations, [5] (3) disaster relief, [6] (4) counter-terrorism and
weapons of mass destruction.[7] It is important to note that the legal authority to use federal forces in the
context of a Dark-Winter operation does exist. Federal officials, however, would first be required to
jointly make numerous determinations before using federal soldiers.[8]
Federalization would effectively restructure the chain of command. While under state
control, the chain of command remains exclusively with the state, ends with the Governor, and The
Adjutant General, regardless of service component, is the commander of the states entire Army and Air
National Guard. Federalization would replace the Governor, The Adjutant General and the State Area
Command with a federal Army chain of command. This changing of command would create additional
logistics and communications problems, as well as consume valuable time.
The major effect of federalizing is the removal of state control. State control is vital to operations within
a state. The vitality arises from the trust, a unique aspect of mission efficiency, developed between state
officials through their regular governmental functions, activities and exercises. Moreover, the Governor
has more flexibility in the use of National Guard forces in emergency situations than federal
commanders, who are constrained by federal law while conducting military/civil operations within the
United States.
When dealing with and training for domestic emergencies a few points must be kept in mind.
· The Governor is in charge.
· We must channel adequate federal resources to our state and local first responders.
· State agencies possess unique skills and assets, which must be included the response plans.
· Future exercises, to be credible, should always include the National Guard, State and municipal
agencies.
I added the emphasis of bold and underline.