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Legislative counsel outlines National Guard—s state-federal authorities and member protections

HOUSE OF REPRESENTATIVES · January 11, 2024
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Summary

Damon Leonard, legislative counsel, told legislators the Vermont National Guard operates under a hybrid state-federal model, reviewed constitutional and statutory authorities, and summarized employment protections (USERRA) and Service Members Civil Relief Act (SCRA) benefits for Guard members.

Damon Leonard, legislative counsel for the Vermont Legislature, told a legislative orientation session that the National Guard operates under a hybrid state-federal model and described how that affects command, jurisdiction and member protections.

Leonard said the Guard traces to colonial militias and is governed federally in many respects: "Title 32 of the U.S. Code ... governs everything from the organization to the training," he said. He cited the constitutional basis in Article I, Section 8 and noted that when Vermont statutes do not address an issue federal law applies.

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