Sherrill Introduces Amendment To Keep National Guard Under State Control—Then Rogers Responds

5 months ago

During a House Armed Services Committee hearing in July, Rep. Mikie Sherrill (D-NJ) introduced an amendment to keep the National Guard within the control of the states'. Rep. Mike Rogers (R-AL) objected to it.

Transcript

00:00We now consider log number 5455 by Ms. Cheryl of New Jersey.

00:04For what purpose does the gentlelady from New Jersey seek recognition?

00:08Thank you, Mr. Chairman. I have an amendment at the desk.

00:11Will the clerk please distribute the amendment?

00:13Without objection, the reading of the amendment is dispensed with.

00:16The chair recognizes the gentlelady for the purpose of explaining her amendment.

00:19Thank you, Chairman Rogers.

00:20I am bringing this amendment because I believe that the apolitical role of our military must be protected.

00:25The military is one of the most trusted institutions among the American people.

00:32And for centuries, that trust has been reinforced by laws like the Posse Comitatus Act,

00:36which provides the American people with a guarantee that our armed forces are there to protect them, not to police them.

00:44Now, as we all know, Title 32 outlines the role of the National Guard when under state control.

00:49Five years ago, we saw a novel interpretation of Title 32,

00:53under which guard units from out-of-state were brought to Washington, D.C. to perform law enforcement functions.

01:00The law specifically prohibits our military from acting in a law enforcement capacity

01:05when under federal command, except in very clear circumstances.

01:10And because of the unique structure of the D.C. Guard,

01:13those out-of-state guard units were under the direction of the federal government,

01:17even though they had not been activated under Title 10.

01:20The Posse Comitatus Act exists for a reason,

01:24to protect Americans and our service members from having the military act as a police force.

01:30Likewise, the Insurrection Act exists for a reason,

01:33to guarantee that the president has the ability to ensure that Americans' constitutional rights are protected

01:38even when facing stiff opposition or outright insurrection.

01:43Many of you will remember I brought this amendment several times over the last five years.

01:47I continue to offer this amendment because I truly believe in the principles involved.

01:52It is critical that the sacred separation between our military and our law enforcement is preserved,

01:56and it is imperative that this committee does everything in its power to preserve it.

02:01In years past, when we debated this amendment,

02:03I heard concerns that had this amendment been enforced during the Civil Rights era,

02:08it would have prevented presidents like Eisenhower

02:10from using the National Guard to support school integration.

02:14This is not true.

02:17Presidents Eisenhower, Kennedy, and Johnson followed the law.

02:20When Americans' constitutional rights were threatened,

02:23they invoked the Insurrection Act and deployed guard units.

02:26My amendment would not change that.

02:29While I commend my colleagues for their dedication

02:33to a president's ability to protect Americans from attacks on their civil rights,

02:38this amendment would do nothing to change that ability.

02:41Congress and this committee have a responsibility

02:43to protect the role of the military in American society,

02:46and we have a responsibility to make sure that no president,

02:50regardless of party or political climate,

02:52has the ability to circumvent the law that is meant to protect everyone.

02:56And I yield back.

02:58General Lady yields back.

02:59Chair recognizes himself.

03:00While I appreciate the General Lady's interpretation,

03:03I am genuinely concerned this amendment

03:05would undermine the president's authority

03:06to activate the National Guard in crisis.

03:09It would give the governors and the mayor of Washington, D.C.,

03:13the power to limit constitutionally and federally granted authorities

03:16of the president to execute laws, suppress insurrections,

03:19repel invasions, or respond to national emergencies.

03:22If a governor or the D.C. mayor refused a request,

03:25then federal support could be delayed or denied entirely

03:28right when it's needed most,

03:30such as during a civil unrest or a natural disaster.

03:33In particular, I cannot support inserting the D.C. mayor

03:36into the National Guard chain of command under Title 32.

03:39For over five decades,

03:40the chain of command for D.C., National Guard,

03:43and emergencies has clearly run through

03:45from the president to the secretary of defense

03:47and then to the Army and the Air Force secretaries.

03:49It should stay that way.

03:51Therefore, I oppose the amendment.

03:52Does anybody else seek recognition

03:54on the gentlelady's amendment?

03:57Gentleman from Texas, Mr. Fallon.

04:00Thank you, Mr. Chairman.

04:01As you said, this amendment would require

04:03the president or secretary of defense to abstain consent.

04:06This is like giving veto power to a mayor or governor

04:10over the president's constitutional powers

04:13and to restrict the authority to deploy the National Guard

04:16in times of national emergency.

04:18I think that would potentially compromise public safety.

04:21We just saw recently in Los Angeles

04:23the mayhem and chaos and lawlessness.

04:25And so this creates confusion in the command structure

04:29and makes it harder to coordinate fast, unified responses

04:31during major crises or emergencies.

04:34Therefore, I would urge all my colleagues

04:37to vote no on the amendment.

04:38Thank you, Mr. Chairman.

04:39I yield back.

04:39Gentleman yields back.

04:40Does any other members wish to speak on the amendment?

04:42If there's no further debate,

04:44the question occurs on the amendment

04:45offered by the gentlelady, Ms. Cheryl.

04:47So many as you're in favor will say aye.

04:49Aye.

04:50Those opposed, nay.

04:51No.

04:52Opinion chair, the no's have it.

04:54Recorded votes requested.

04:55Recorded votes shall be postponed.

Sherrill Introduces Amendment To Keep National Guard Under State Control—Then Rogers Responds

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