The national defense function and federalism: the importance of the 2008 National Defense Authorization Act

Countries with a federalist system of government have different arrangements for providing national security. US national security is provided by national and State defense forces. The quintessential national function – national defense – experienced some changes that enhanced the role of the States. Policy changes in the National Defense Authorization Act of 2008 (2008 NDAA) introduced new roles for the Governors and the State defense forces, or the National Guard. This article explores how the interests of Congress and States aligned in the 2008 NDAA such that the national defense function changed. This article finds that the national government continues to have the central coordinating role, but that the politics and provisions of the 2008 NDAA changed the national–State relationship in mission, decision-making, and command and control so that US federalism in the national defense function is evolving in unexpected ways.