You’ve probably seen the headlines whenever there’s a massive natural disaster or a spike in civil unrest. The National Guard rolling into town in those desert-tan or olive-drab trucks. But here's the thing: most of the time, those soldiers are still answering to their state governor.
Federalization is a whole different beast. It’s when the President of the United States basically says, "I'm taking over," and moves those troops from state control to federal command under Title 10 of the U.S. Code.
So, how many times has the National Guard been federalized? If we’re talking about domestic "calls to service" to handle stuff happening inside our own borders, the number is actually quite small. Depending on how you count the early militia days versus the modern Guard, we’re looking at about 12 to 14 major domestic federalizations since World War II. If you count every time they’ve been sent overseas for wars like Iraq or Afghanistan, you’re talking hundreds of thousands of individual soldiers, but that's standard procedure. The "federalization" most people worry about is the domestic kind—the kind that happens when a President and a Governor don't see eye to eye.
The Power Struggle: Why Federalization Is Rare
Most of the time, the Guard operates under Title 32. This is the "sweet spot" where the federal government pays the bills, but the Governor keeps command. It’s how things worked during the COVID-19 pandemic and how it works for most hurricanes.
True federalization is rare because of a little thing called the Posse Comitatus Act. Essentially, federal troops (including federalized Guard) aren't supposed to act as domestic police. They can’t just go around arresting people for shoplifting or speeding. However, when the Guard is under state control, they actually can support law enforcement.
Honestly, a President usually only pulls the federalization trigger when they need to override a Governor or when a situation is so massive that the entire U.S. military chain of command needs to be involved.
The Big Moments: A History of Taking Control
You can’t talk about federalization without looking at the Civil Rights era. This was the peak of "taking the Guard away" from states.
In 1957, President Dwight D. Eisenhower federalized the entire Arkansas National Guard. Why? Because Governor Orval Faubus was using them to prevent Black students (the Little Rock Nine) from entering Central High School. Eisenhower basically flipped the script, took the troops away from Faubus, and ordered them to protect the students instead.
Then you’ve got the 1960s. Presidents Kennedy and Johnson had to do this repeatedly.
- 1962 (Ole Miss): JFK federalized the Mississippi Guard to allow James Meredith to enroll.
- 1963 (University of Alabama): The famous "Stand in the Schoolhouse Door" by Governor George Wallace led to another federalization.
- 1965 (Selma): LBJ federalized the Alabama Guard to protect civil rights marchers after the horrors of "Bloody Sunday."
It’s a wild bit of history. The Guard went from being the tool of segregationist governors to the protectors of federal law, all because of a signature in the Oval Office.
Recent Domestic Uses
The last time the National Guard was federalized for a major domestic "civil disturbance" was the 1992 Los Angeles Riots. After the Rodney King verdict, the situation got so far out of hand that Governor Pete Wilson actually asked for federal help. President George H.W. Bush federalized the California Guard and sent in the 7th Infantry Division and the 1st Marine Division.
Before that, you had the 1970 Postal Strike. Richard Nixon federalized the Guard to literally deliver the mail because the strike was crippling the country. Talk about a job description you didn't sign up for.
The Legal "Triggers"
So how does this actually happen? The President uses the Insurrection Act of 1807.
It’s not just a "I feel like it" button. There are specific conditions:
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- Request by a State: The Governor says, "We can't handle this, help us."
- Enforcing Federal Law: When state authorities are actively blocking federal law (like the desegregation cases).
- Protecting Civil Rights: When a state fails to protect the constitutional rights of its citizens.
Is it Happening More Often?
Sorta. But not in the way you think.
Since 9/11, the National Guard has been "federalized" constantly for overseas deployments. In fact, at certain points during the wars in Iraq and Afghanistan, Guard members made up nearly half of the boots on the ground. But that’s Title 10 for war-fighting, which is a different "flavor" of federalization than the domestic kind.
Domestic federalization remains a "break glass in case of emergency" tool. In 2020, during the George Floyd protests, there was a lot of talk about federalizing the Guard in various cities. For the most part, it didn't happen. The troops stayed under state control (Title 32) because it’s legally cleaner and keeps the "police" powers intact.
The Reality of the Numbers
If you’re looking for a specific, "all-time" number, it’s tricky because the National Guard as we know it wasn't fully codified until the Dick Act of 1903. Before that, they were just state militias.
Since 1903, the Insurrection Act has been invoked about 30 times, but not all of those involved federalizing the National Guard—sometimes it was just sending in the "regular" Army. If we strictly count domestic National Guard federalizations for civil issues, we're looking at a list of less than 20 major incidents in over a century.
What This Means for You
Understanding the difference between a "State" Guard and a "Federal" Guard is key to not falling for misinformation. If you see Guard members at a local food bank or helping after a tornado, they are almost certainly under state control.
If they are federalized, it means the situation has shifted from a local emergency to a matter of national importance—or a legal showdown between the state and the feds.
Actionable Takeaways
- Check the Status: If you see the Guard deployed, look for whether they are on "State Active Duty" or "Title 10." It tells you who is calling the shots.
- Know the Law: The Posse Comitatus Act is your best friend for understanding why the military isn't usually acting as the police.
- Follow the Paper Trail: Federalizations require an Executive Order. These are public record and usually explain the exact legal justification being used.
The National Guard's dual role is unique in the world. They are the only force that can swap "bosses" from a Governor to the President with a single pen stroke. While it doesn't happen often domestically, when it does, it usually marks a turning point in American history.
Next Steps for Research:
If you want to track active deployments, the National Guard Bureau releases weekly updates on troop strength and status. You can also search the Federal Register for any recent Executive Orders citing 10 U.S.C. § 12406, which is the specific legal "hook" for calling the Guard into federal service.