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State Defense Forces (SDF) (also known as State Guards, State Military Reserves, or State Militias) in the United States are military units that operate under the sole authority of a state government, although they are regulated by the National Guard Bureau through the Army National Guard of the United States.[1] State Defense Forces are authorized by state and federal law and are under the command of the governor of each state. State Defense Forces are distinct from their state's National Guard in that they cannot become federal entities (all National Guard units can be federalized under the Militia Act of 1903 with the creation of the National Guard of the United States). The federal government recognizes State Defense Forces under 32 U.S.C. § 109 which provides that State Defense Forces as a whole may not be called, ordered, or drafted into the Armed Forces of the United States, thus preserving their separation from the National Guard. However, under the same law, individual members serving in the State Defense Force are not exempt from service in the Armed Forces (e.g., draft). NGR 10-4[3] further states: "State regulations should provide for immediate discharge of SDF members who have been appointed, inducted, enlisted, ordered, or called in the Armed forces [sic] of the U.S., or a Reserve component thereof." Nearly every state has laws authorizing State Defense Forces, and 22 states, plus Puerto Rico, have active SDFs with different levels of activity, support, and strength. State Defense Forces generally operate with emergency management and homeland security missions. Most SDFs are organized as Army units, but Air and Naval units also exist.[2]
[edit] OriginsFrom its founding until the early 1900s, the United States maintained only a minimal army and relied on state militias to supply the majority of its troops.[3] In 1903, the predecessor to the modern-day National Guard was formed to augment the militia and Regular Army with a federally controlled reserve force. In 1933, Congress finalized the split between the National Guard and the State Defense Forces by mandating that all federally-funded soldiers take a dual enlistment/commission and thus enter both the state National Guard (Title 32) and the National Guard of the United States (Title 10). This division forced states to maintain both a National Guard and a State Defense Force if they desired to have non-federal soldiers. During World War II, much of the National Guard was deployed on federal duty. Many states continued to maintain distinct state militias (some building on ones that never ceased to exist) to defend their own territories and shorelines. [edit] OrganizationMany states organize their State Defense Force parallel to their National Guard force (both Air and Army), having them report to the governor through the state's adjutant general. State Defense Forces are usually not funded by the federal government, and in most states members are on a volunteer basis. Volunteers have to purchase their own uniforms and most, if not all, of their own equipment.[citation needed] Because many members of State Defense Forces are veterans who have retained ranks received from service in the Armed Forces, some State Defense Forces have an inflated grade structure. Advocates reply that the grades worn by State Defense Force members accurately reflect the many years of experience that veterans (often military or naval retirees) bring to the state forces. Some SDF soldiers use the two-letter state abbreviation in parenthesis after their rank to indicate the origin of their grade. For example, a major in the California State Military Reserve would give his or her rank as "MAJ (CA)." However, numerous states do not practice this notation due to the fact that many senior commissioned and noncommissioned officers earned their rank while serving at the Federal level. Moreover, Army regulations require the service branch title to appear after the rank and name (e.g., COL John S. Smith, CSMR). While in the past many State Defense Forces were organized as military police brigades or infantry brigades, the experiences of recent events such as Hurricane Katrina has changed attitudes and plans. Civil Affairs units and medical units now predominate in some states. Organization levels may be inflated: a battalion may have less than 100 members, and a State Defense Force brigade may have less than 300 soldiers. Advocates of State Defense Forces[who?] argue that organizational inflation is typical of "cadre" units and that ranks would be quickly filled in war time by citizens seeking an alternative to Federal service.[citation needed] [edit] Federal bills specific to State Defense Forces
[edit] State Defense Force references
[edit] TrainingTraining standards vary widely. The Military Emergency Management Specialist (MEMS) qualification created by the State Guard Association of the United States has become a single common training focal point among State Defense Forces. Alabama, California, Indiana, Texas and others have adopted the MEMS Badge as a basic qualification required of all members desiring promotion. Training is conducted through MEMS academies in each state, and includes course material provided online by FEMA and other agencies, as well as practical experience in local disaster planning and exercise management.[4] Community Emergency Response Teams (CERTs) are being organized by several SDFs by utilizing training offered by the Federal Emergency Management Agency's Citizen Corps. Some states follow the lead of the Army and offer a permanent tab (e.g., Army Ranger tab) as an incentive to become certified as part of the local or unit CERT team. CERT teams are open to any able-bodied citizen and are a good way for SDFs to integrate into their communities. Weapons qualification and training is provided in many of the SDFs. However, most SDFs lack sufficient training standards to maintain proficiency in weapons utilization. A 2006 study by the U.S. Freedom Foundation[5] recommended minimum standards for State Defense Forces including weapons training, but the report has been largely ignored. Some SDFs have laws that in the event of deployment by order of the state legislature and/or governor, they will become armed. [edit] Special unitsSDFs include a variety of special units including medical, aviation, and ceremonial units. The following are examples:
[edit] UniformsAs a general rule, State Defense Forces wear standard U.S. military uniforms with insignia closely matching those of their Federal counterpart, though state variations often stray far from the guidance of NGR 10-4[13]. SDF units generally wear red name tags on service uniforms (as specifically prescribed by AR 670-1[13] for SDF units), and name tapes on ACU or BDU uniforms use the State Defense Force name or state name rather than "U.S. Army." Standard U.S. Army corps insignia are often used (sometimes in violation of NGR 10-4), or a unique "State Guard" corps insignia consisting of a crossed musket and sword is used instead. Where berets are worn, some State Defense Forces use a beret flash similar to the one the U.S. Army uses, but in bright red thread instead of the current blue. Other states have beret flashes based on the state flag. Maryland Defense Force soldiers wear a black beret with a distinctive flash.[14] State soldiers in the New York Guard wear a grey beret flash.[15] Per NGR 10-4, states may prescribe their own distinctive uniforms without consulting the National Guard Bureau, provided no distinctive Federal items are worn. Uniforms vary from state to state and tend to have only subtle differences not easily discerned by civilians. For example, the Texas State Guard wears standard U.S. Army camouflage uniforms (but do not wear a beret unless in dress uniform), a state guard unit patch, and the "U.S. Army" name tape replaced with one reading "Texas State Guard." Similarly, the California State Military Reserve wears a uniform almost indistinguishable from the U.S. Army uniform worn by its Federal counterparts in the National Guard except for the unit patch and beret flash. A similar pattern can be found in the New York Guard. The Georgia State Defense Force often works in tandem with and support of Federal troops. The Georgia State Defense Force wears the ACU with a unique Georgia SDF red flash on the U.S. Army's black beret and "Georgia" in place of the "U.S. Army" uniform name tape. The Tennessee State Guard can wear either BDU's or the "tactical response uniform" ("TRU")[16] in the M81 Woodland pattern but whose cut and accoutrements match the ACU but cannot mix pieces. The few states with SDF Air and Naval units wear modified USAF and USN/USMC uniforms. Currently, only Ohio and New York have uniformed Naval Militia. Only Texas and Puerto Rico have an Air Wing, though Indiana formerly had an Air Guard Reserve. In all cases, the state adjutant general has final say on uniforms worn by State Defense Forces, though Federal service regulations generally shape the policies of each state.
[edit] Federal activationThe U.S. Constitution, coupled with several statutory and case laws, details the relationship of state defense forces to the federal government. Outside of 32 USC 109, the U.S. Supreme Court ruled: "It is true that the state defense forces 'may not be called, ordered, or drafted into the armed forces.' 32 U.S.C. 109(c). It is nonetheless possible that they are subject to call under 10 U.S.C. 331-333, which distinguish the 'militia' from the 'armed forces,' and which appear to subject all portions of the 'militia' - organized or not - to call if needed for the purposes specified in the Militia Clauses" (Perpich v. Department of Defense, 496 U.S. 334 (1990)). The following is an extract of the laws which the U.S. Supreme Court cited giving the federal government authority to activate the state defense forces: 10 USC 331 - “Federal aid for State governments”
10 USC 332 – “Use of militia and armed forces to enforce Federal authority”
10 USC 333 – “Interference with State and Federal law”
[edit] List of active State Defense ForcesThere are currently 22 active State Defense Forces. A 2005 Department of Defense report reported twenty-three active SDFs in the United States and Puerto Rico.[22] Since this time, New Jersey has suspended its State Defense Force.[23] Per National Guard Regulation 10-4: "An SDF is a component of the executive department of each State, and is under the exclusive control of the governor or his/her authorized representative."[24] The following is a list of active SDFs, recognized by their respective states, in the United States and Puerto Rico: * Colorado does not operate an active state defense force, but rather has a statutory state defense force staffed by one individual appointed by the governor. [edit] See also
[edit] References
[edit] External links
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