The governors of 48 U.S. states and five territories have sent a letter to Secretary of Defense Lloyd Austin expressing a “strong opposition” to the Department of Defense’s (DOD) proposed legislation to the Senate Armed Services Committee that would permanently federalize portions of the state Air National Guard troops into the U.S. Space Force.
Legislative Proposal 480 (LP 480) is a budgetary request that circumvents state authority over the National Guard and Air National Guard forces by allowing the transfer of covered space units from the National Guard to the U.S. Space Force.
Today, 53 Governors sent a letter to @DeptofDefense calling for the discontinuation of Legislative Proposal 480 that would weaken or eliminate Governor authority over the National Guard. Read the full letter here: https://t.co/Pxd7OCFcZS pic.twitter.com/JYuu98thCz
— NGA (@NatlGovsAssoc) April 29, 2024
The governors of nearly all U.S. states – with the exception of Florida and Texas – and the U.S. territories of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, and Puerto Rico said the DOD’s proposal “negatively affects the important relationships between Governors and DOD at a time when we need to have full trust and confidence.”
“This legislation disregards gubernatorial authorities regarding the National Guard and undermines over 100 years of precedent as well as national security and military readiness,” the governors said.
The governors argued that the DOD’s proposal does not abide by Title 32 or Title 10, noting how both have “upheld gubernatorial authority over the National Guard” for “over a century.”
“Specifically, section 18238 of Title 10 states that there should be no removal or withdrawal of a unit of the Air National Guard without consultation and approval from Governors. Additionally, section 104 of Title 32 states there is to be no change in the branch, organization, or allotment of National Guard units within a state or territory without the approval of its Governor,” the governors said.
“Governors look forward to collaborating with congressional leaders and federal officials to ensure strong national security. Our top priority is the success of critical national security missions, both at home and abroad, which necessitates protecting Governors’ rights to lead as Commanders in Chiefs. Any federal efforts or legislative actions intended to disregard or weaken these authorities will negatively impact our ability to serve the nation and deeply damage the relationship between states and the federal government,” the governors added.
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Kaitlin Housler is a reporter at The Tennessee Star and The Star News Network. Follow Kaitlin on X / Twitter.
Photo “Virginia National Guard” by The National Guard. CC BY 2.0.
Nullificatiion. Period.
The “Supremacy Clause” states that The Constitution and Federal laws that are “Pursuant to the Constituion” are “Supreme Law of the Land”.
This scheme is obviously NOT “Pursuant to the Constitution” and thus NOT “Supreme Law of the Land”. The STATES can Nullify this Unconstitutional scheme. Tell Biden to take a hike.
Our Attorney General needs to wake up and support the Sovereign State of Tennessee’s right to NULLIFY these UNCONSTITUTIONAL proposals. The federal government has not RIGHT to assume powers that have not been enumerated to it. And if they do, just what is the solution, according to the AG? Just go along because of precedent “we’ve always done it”?