U.S. Code » Title 10 » Subtitle Subtitle E— Reserve Components › Part PART II— PERSONNEL GENERALLY › Chapter CHAPTER 1211— NATIONAL GUARD MEMBERS IN FEDERAL SERVICE

10 U.S.C. § 12406

National Guard in Federal service: call

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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;the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws. Orders for these purposes shall be issued through the governors of the States or, in the case of the District of Columbia, through the commanding general of the National Guard of the District of Columbia.(Added Pub. L. 103–337, div. A, title XVI, § 1662(f)(1), Oct. 5, 1994, 108 Stat. 2994; amended Pub. L. 109–163, div. A, title X, § 1057(a)(5), Jan. 6, 2006, 119 Stat. 3440.)Editorial NotesPrior Provisions

Provisions similar to those in this section were contained in sections 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 SubsidiariesEffective 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.

Notes of Decisions
Cited in 13 cases (10 in the last 5 years), 1997–2025 · leading case: Newsom v. Trump, 141 F.4th 1032 (9th Cir. 2025).
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Newsom v. Trump, 141 F.4th 1032 (9th Cir. 2025). · cites it 12× “PER CURIAM: In 10 U.S.C. § 12406 , Congress authorized the President of the United States to “call into Federal service members and units of the National Guard of any State” whenever one or more of three conditions are satisfied.”
Nelson v. Geringer, 295 F.3d 1082 (10th Cir. 2002). “§ 102 (Congress); 10 U.S.C. § 12406 (President). When Air National Guard members are called up to active federal service, they are in the “regular” Air Force, 10 U.”
In Re Sealed Case, 551 F.3d 1047 (D.C. Cir. 2009). · cites it 2× “10 U.S.C. § 12406 ; see also Perpich, 496 U.”
Trankel v. State, Dept. of Military Affairs, 938 P.2d 614 (Mont. 1997). “10 U.S.C. § 12406 (1994). However, when a member of the “Army National Guard” is ordered to active federal duty, he or she is relieved from duty in the National Guard of his or her state, from the effective date of the order to active duty in the federal military.”
Parker v. Parker, 985 N.W.2d 58 (S.D. 2023). “See 10 U.S.C. § 12406 (authorizing the President to call “members and units of the National Guard of any State” to federal service).”
State of Oregon v. Trump (9th Cir. 2025). · cites it 10× “After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority under 10 U.S.C. § 12406 (3), which authorizes the federalization of the National Guard when “the President is unable with the…”
State of Illinois v. Donald J. Trump (7th Cir. 2025). · cites it 7× “On October 4, 2025, President Donald Trump invoked his authority under 10 U.S.C. § 12406 to federalize and deploy members of the National Guard within Illinois, over the objection of the state’s Governor.”
Newsom v. Trump (9th Cir. 2025). · cites it 7× “” 10 U.S.C. § 12406 (3). The panel opinion recounts some of the facts underlying the President’s claim that the situation in Los Angeles in June met that 1 Whether the panel itself is bound by its own opinion as the law of the circuit is not entirely clear.”
Trump v. Illinois (2025). · cites it 6× “In calling forth the Guard, the President relied on 10 U. S. C. §12406 (3), which empowers him to federalize members of the Guard if he is “unable with the regular forces to execute the laws of the United States.”
Trump v. Illinois (2025). · cites it 6× “In calling forth the Guard, the President relied on 10 U. S. C. §12406 (3), which empowers him to federalize members of the Guard if he is “unable with the regular forces to execute the laws of the United States.”
State of Oregon v. Trump (9th Cir. 2025). · cites it 4× “2 25-6268 The solution to the first issue was found in the Militia Clause, which is the source of authority for 10 U.S.C. § 12406 , the statute at issue in this case.”
Dist. of Columbia v. Trump (D.D.C. 2025). · cites it 2× “See 10 U.S.C. § 12406 (allowing the President to call into federal service the National Guard units of “any State” and to deploy those units “as he considers necessary”).”
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