The 21st Century National Guard: Expanding Missions, Modernizing Authorities

In February 2024, CNAS launched a project on federalism and national security. This portfolio has taken shape under the CNAS Securing U.S. Democracy Initiative. Recognizing that the 21st-century United States increasingly relies on its system of federalism to rebalance the centers of power and authority across a range of public policy issues, the Securing Democracy Initiative has developed a body of work focused on states’ authorities, roles, and responsibilities that relate to national security functions. Increasing reliance on the U.S. federalist system of government presents both challenges and opportunities for strengthening national security. This commentary series and the December 2024 report Stress Testing State Power: When Governors and Presidents Diverge on Matters of National Security are components of this research effort.

Each commentary in this series explores a current trend or dynamic in modern uses and authorities of the National Guard. Expert authors explore how the Guard is currently being used and will be increasingly called upon in years ahead. Authors provide recommendations for modernizing and clarifying legal authorities for National Guard deployment, and for legislative action at the state and federal levels.

The CNAS project on federalism and national security is made possible with the generous support of the Democracy Innovation Fund, Defending Democracy Together Institute. As a research and policy institution committed to the highest standards of organizational, intellectual, and personal integrity, CNAS maintains strict intellectual independence and sole editorial direction and control over its ideas, projects, publications, events, and other research activities. CNAS does not take institutional positions on policy issues, and the content of CNAS publications reflects the views of their authors alone. In keeping with its mission and values, CNAS does not engage in lobbying activity and complies fully with all applicable federal, state, and local laws. CNAS will not engage in any representational activities or advocacy on behalf of any entities or interests and, to the extent that the Center accepts funding from non-U.S. sources, its activities will be limited to bona fide scholastic, academic, and research-related activities, consistent with applicable federal law. The Center publicly acknowledges on its website annually all donors who contribute.

Explore the Series

Securing U.S. Democracy Initiative

Better Positioning the National Guard for 21st-Century Engagements

Carrie F. Cordero is the Robert M. Gates senior fellow at the Center for a New American Security (CNAS) where she leads the Securing U.S. Democracy Initiative. The National Gu...

Securing U.S. Democracy Initiative

Congress Must Clarify the National Guard’s Section 502 Legal Authorities

Mark Nevitt is currently an associate professor of law at Emory University School of Law, and previously served as a Navy judge advocate general and tactical jet aviator with ...

Securing U.S. Democracy Initiative

Preventing the Use of the National Guard to Evade the Posse Comitatus Act

Limitations on military involvement in civilian affairs have been a central feature of Anglo-American law for centuries. Armies are equipped and trained to vanquish enemies. I...

Securing U.S. Democracy Initiative

Protecting the Integrity of the National Guard

Posse comitatus, which is both a general principle and a criminal statute enshrined in the Posse Comitatus Act (PCA), dictates that there should be a clear separation between ...

Securing U.S. Democracy Initiative

Balancing Act: Ensuring the National Guard Can Meet Its Missions

Taren Dillon Sylvester is a research assistant for the National Security Human Capital Program at the Center for a New American Security. In February 2025, New York Governor K...

Securing U.S. Democracy Initiative

Extremist Militias on Federal Duty

“Unorganized militia” is a statutory term that even most national security experts have never heard. Yet, in an instant it could go from a cobwebbed corner of the U.S. Code to...

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