March 09, 2011
The Delaware National Guard's federal mission is to maintain properly trained and equipped units, available for prompt mobilization for war, national emergency, or as otherwise needed. The Air and Army National Guard are partners with the Active Air Force and Army and the Army and Air Force Reserves in fulfilling the country's military needs. During an average year, Soldiers and Airmen are been pulled for duty in more than 80 countries in a wide variety of operations including peacekeeping, stabilization, security, nation building, etc.
DE National Guard units may be activated in a number of ways as prescribed by public law. Most of the laws for Federal Mission operations are in Title 10 of the U.S. Code. When serving under Title 10, "active duty" means full-time duty in the active military service of the United States. Title 10 allows the President to "federalize" National Guard forces by ordering them to active duty in their reserve component status or by calling them into Federal service in their militia status. This includes the following forms of active service:
- Voluntary Order to Active Duty. With his or her consent and the consent of the Governor.
- Partial Mobilization. In time of national emergency declared by the President for any unit or any member for not more than 24 consecutive months.
- Presidential Reserve Call Up. When the President determines that it is necessary to augment the active forces for any operational mission for any unit or any member for not more than 270 days.
- Federal Aid for State Governments. Whenever an insurrection occurs in any State against its government, the President may, upon the request of its legislature or of its governor call into Federal service such of the militia of the other States. This is a statutory exception to the Posse Comitatus Act.
- Use of Militia and Armed Forces to Enforce Federal Authority. Whenever the President considers that unlawful obstructions, assemblages, or rebellion make it impracticable to enforce the laws of the United States in any State or Territory, he may call into Federal service such of the militia of any State. This is another statutory exception to Posse Comitatus.
- Interference with State and Federal law. The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy.
- Air and Army National Guard. Air and Army National Guard can specifically be called into Federal service in case of invasion, rebellion, or inability to execute Federal law with active forces.