Walz Introduces Legislation to Return National Guard Control to Governors

02/22/2007

Washington, D.C.-Congressman Tim Walz has introduced legislation to repeal a recent law that would make it easier for the President to federalize the National Guard over the objections of State Governors. In last year's Defense Authorization bill, the Bush administration sought and enacted a significant restructuring of the lines of authority over our country's National Guard, although at the time the change went largely unrecognized. Under the new provision, this or any other President can federalize the National Guard, even against the wishes of the State Governors, for a variety of reasons, including a natural disaster, a disease outbreak, or, in a sweeping catch-all, an "other condition."

"These provisions contradict the founding principles of this nation," said Walz. "Neither this President, nor any other, should be given such unchecked control over the military for domestic law enforcement purposes. We must not allow the executive to ignore the concerns of our governors, mayors, and other local officials when federalizing the National Guard."

Walz introduced H.R. 869 with Rep. Tom Davis of Virginia to repeal these new provisions. The measure will remove this authority from the President's control and return it to the hands of local authorities where it has rested since passage of the Insurrection Act in 1807. Sen. Patrick Leahy (D-VT) and Sen. Kit Bond (R-MO) have introduced companion legislation in the Senate.