National Guard Defined:
The National Guard of the United States is a reserve military force composed of militia members composed of individual state citizens. The United States’ National Guard is a federally recognized active armed service unit of the Army.
The National Guard is a joint reserve unit of the United States Army, the United States Air Force and two additional subcomponents: the Army National Guard of the United States for the Army and the Air Force’s Air National Guard of the United States.
The National Guard was established under Title 10 and Title 32 of the U.S. Code; the National Guard is affirmed as a branch of the military who serves as part of the first-line defense of the United States of America.
The National Guard is divided into various united who stationed in each of the 50 states and operates under their respective state governors or territorial adjutant general. Dissimilar to other armed forces unit, the National Guard is not always active; the National Guard must be called for active duty by the particular state governors or territorial adjutant general. Typically the National Guard will be called to service to aid in situations of distress and to help respond to domestic emergencies and disasters, such as floods, earthquakes, fires, and earthquakes.
The National Guard is administered by the National Guard Bureau, which is a joint activity under the Department of Defense. The National Guard Bureau offers a line of communication for the National Guard to the United States Department of Defense. Additionally, the National Guard Bureau provides policies and requirements for training and funds for both the Army National Guard and the state Air National Guard unity. The Bureau allocates federal funds to the National Guard to help carry out the unit’s functions and services.
Similar to other branches of the armed services, the National Guard must adhere to the legality regulations imposed by the Federal and State governments of the United States
Military Law vs. Federal Law
The United States Department of Defense operates under Federal Law as per the guidelines expressed within the disbursement of a triune governmental oversight system, which allows for the United States National Guard to exist under the jurisdiction of the Executive branch of the government; this results in the appointment of the President of the United States as the Commander in Chief of the entirety of the Armed Forces. However, Military Law – a legal field classified as a subgenre of Federal Law – typically addresses the activity and behavior of military personnel; this can include:
Absent Without Leave (AWOL): The unlawful desertion of a service member with regard to their respective commitment to the United States National Guard; individuals deemed to have abandoned positions may be tried by military court and subsequently court martialed.
Martial Law: Martial Law is the instatement of Military rule over specific jurisdictions within a country or nation; in many cases with regard to the implementation of heightened security measures, the United States National Guard may be appointed in the event that the acting body of civil law enforcement is unable to maintain sufficient order.
Judge Advocate General (JAG Corps): The JAG Corps – or Judge Advocate General Corps – are classified as the acting legal body within the United states National Guard. JAG Corps not only oversee the court martial process, but also are responsible for upholding the maintenance of the protocols and parameters expressed within the UCMJ; in many cases, the legal issues addressed by the acting JAG Corps are specific – these include: war crimes, treason, sedition, refusal to obey orders, undue violence, and offenses directed against military personnel.