Title 10 — Armed ForcesRelease 119-73not60
§12406 National Guard in Federal Service: Call
Title 10 › Subtitle Subtitle E— Reserve Components › Part II— PERSONNEL GENERALLY › Chapter 1211— NATIONAL GUARD MEMBERS IN FEDERAL SERVICE › § 12406
Summary
The President may federalize the National Guard if the United States, any commonwealth, or possession faces invasion, a rebellion, or if regular forces can't enforce federal law.
Full Legal Text
Title 10, §12406
Armed Forces — Source: USLM XML via OLRC
Whenever—
(1)the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation;
(2)there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or
(3)the President is unable with the regular forces to execute the laws of the United States;
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in section 3500 and 8500 of this title, prior to repeal by Pub. L. 103–337, § 1662(f)(2).
Amendments
2006—Par. (1). Pub. L. 109–163 substituted “Commonwealths or possessions” for “Territories, Commonwealths, or possessions”.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
Reference
Citations & Metadata
Citation
10 U.S.C. § 12406
Title 10 — Armed Forces
Last Updated
Apr 3, 2026
Release point: 119-73not60