The Goldwater-Nichols DoD Reorganization Act of 1986

First, it is essential to clarify that under the U.S. Constitution and the Goldwater-Nichols Act, the current sitting President of the United States is the Commander-in-Chief of the U.S. armed forces, including the National Guard when it is federalized. As of 2023, the duly elected and inaugurated President is Joe Biden, not Donald Trump.

The Goldwater-Nichols Act does not contain any provisions that would allow a former president to retain command authority over the military after leaving office. The act's primary focus is on improving the organization, operation, and effectiveness of the U.S. military, rather than altering the constitutional transfer of power between presidents.

In fact, the Goldwater-Nichols Act reinforces the principle of civilian control over the military by clearly defining the chain of command and the roles and responsibilities of key civilian and military leaders. The act emphasizes the authority of the Secretary of Defense, who is appointed by the President and confirmed by the Senate, as the principal assistant to the President in all matters related to the Department of Defense.

Regarding the National Guard, the Goldwater-Nichols Act recognizes the importance of integrating the National Guard and Reserve components into the Total Force and includes provisions for their readiness assessment and reporting. However, the act does not grant any special authority to former presidents or alter the established procedures for activating and deploying National Guard units.

The activation of National Guard units can occur under three main authorities:

1. State Active Duty (SAD): Under the command of the state governor for state-specific missions.

2. Title 32 Duty: Federally funded but under state control, typically for domestic missions.

3. Title 10 Duty: Under federal control for national missions, such as overseas deployments.

In all cases, the activation and deployment of National Guard units follows established legal and constitutional procedures, with the current sitting President as the ultimate Commander-in-Chief when the National Guard is federalized under Title 10.

The narrative suggesting that former President Trump is still the legal Commander-in-Chief and is using the National Guard for active military operations is not supported by the provisions of the Goldwater-Nichols Act or the U.S. Constitution. The act focuses on improving the organization and effectiveness of the U.S. military and does not alter the transfer of power between presidents or grant special authority to former presidents over the National Guard or any other component of the U.S. armed forces. 

The Goldwater-Nichols Department of Defense Reorganization Act Explained:

The Goldwater-Nichols Department of Defense Reorganization Act of 1986, also known as the Goldwater-Nichols Act, was a significant piece of legislation that reformed the organization and operation of the U.S. Department of Defense (DoD) and its military services. The main objectives were to improve military advice to civilian leadership, enhance the effectiveness of military operations, and strengthen the ability of the U.S. military to carry out its missions.

Key provisions of the act included strengthening the authority of the Chairman of the Joint Chiefs of Staff (CJCS), enhancing the power of combatant commanders, promoting jointness among the military services, improving military advice to civilian leaders, emphasizing the importance of joint training and education, and enhancing the efficiency of the defense acquisition process.

One of the most significant aspects of the Goldwater-Nichols Act is its impact on the readiness assessment and reporting process within the U.S. military. The act mandates regular readiness assessments and reporting, involving all components of the Total Force, including active duty, National Guard, and Reserve forces.

The hierarchy of reporting for readiness assessments under the Goldwater-Nichols Act is depicted in the chart below. 

This chart illustrates the flow of readiness assessments and reporting from the service level up through the chain of command to the President and Congress. The Service Chiefs, including the Chief of the National Guard Bureau, conduct readiness assessments for their respective components and report the results to the CJCS. The CJCS, informed by input from the Service Chiefs and Combatant Commanders, conducts an annual assessment of the overall readiness and capabilities of the armed forces and reports to the Secretary of Defense (SECDEF). The SECDEF communicates this information to the President and Congress, while the DoD submits quarterly readiness reports directly to Congress.

The Goldwater-Nichols Act and subsequent legislation have fostered an environment of increased joint operations, training, and readiness exercises among active duty, National Guard, Reserve, and coalition forces. This heightened military activity is often visible to the American public, particularly in the form of aircraft operations from military bases and units.

Examples of such visible military operations and exercises in the United States include:

1. Jade Helm 15 (2015): A multi-state military training exercise involving U.S. Special Operations Forces, which generated conspiracy theories about the imposition of martial law.

2. Operation Valiant Shield (2018): A large-scale joint exercise involving the U.S. Navy, Air Force, Marine Corps, and Coast Guard, conducted in the Marianas Islands.

3. Operation Northern Strike (Annually): A multinational, joint exercise hosted by the Michigan National Guard, involving thousands of participants from various military branches and coalition partners.

These increased military activities are a result of the Goldwater-Nichols Act's emphasis on jointness, readiness, interoperability, the enhanced role of the National Guard and Reserve, and multinational cooperation.

Despite the act's significant contributions to U.S. military effectiveness, it has also been the subject of controversies and conspiracy theories. Some critics argue that the act has led to the militarization of U.S. foreign policy, eroded civilian control over the military, and enabled the creation of a "deep state" within the military. Conspiracy theorists have also alleged that certain military exercises were cover for the imposition of martial law or mass detentions of American citizens. However, these claims are largely unsubstantiated and not supported by credible evidence.

In conclusion, the Goldwater-Nichols Act has had a profound impact on the organization, operation, and readiness of the U.S. military. While it has faced controversies and spawned conspiracy theories, the act has ultimately contributed to a more integrated, effective, and responsive military that is better equipped to meet the complex challenges of the modern security environment. The increased military activity observed by the American public is a testament to the ongoing efforts to maintain a high state of readiness and enhance the ability of the U.S. armed forces to operate effectively in a joint, multinational context.