Chapter 20

.]

[Footnote 23-44: "Opinion of the Legal Adviser of the National Guard Bureau, April 1949," reproduced in Special Board to Study Negro Participation in the Army National Guard (ARNG) and the United States Army Reserve (USAR), "Participation of Negroes in the Reserve Components of the Army," 3 vols. (1967) (hereafter cited as Williams Board Rpt), II: 20-21.]

[Footnote 23-45: Memo, Asst Gen Counsel (Manpower) for ASD (M), 17 Jul 61, sub: Integration of National Guard, ASD (M) 291.2.]

These opinions, along with the 1947 staff study on the guard and the 1948 New Jersey case,[23-46] provided support extending over more than a decade for the argument that the federal government could establish racial policies for the National Guard. Indeed, there is no evidence of opposition to this position in the 1940's, and southern guard leaders openly accepted federal supremacy during the period when the Army and Air Force were segregated. But in the 1960's, long after (p. 594) the services had integrated their active forces and seemed to be moving toward a similar policy for the guard, doubts about federal authority over a peacetime guard appeared. The National Guard Bureau disputed the 1949 opinion of its legal counsel and the more recent one from the Defense Department and stressed the political implications of forcing integration; a bureau spokesman asserted that "an ultimatum to a governor that he must commit political suicide in order to obtain federal support for his National Guard will be rejected." Moreover, if federal officials insisted on integration, the bureau foresaw a deterioration of guard units to the detriment of national security.[23-47]

[Footnote 23-46: For a discussion of earlier efforts to integrate the New Jersey National Guard and the attitude of individual states toward Defense Department requests, see