Title 32 — National Guard
Chapter 3 — Personnel
§ 326. Courts-martial of National Guard not in Federal service: composition, jurisdiction, and procedures
Statutory text
In the National Guard not in Federal service, there are general, special, and summary courts-martial constituted like similar courts of the Army and the Air Force. They have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures, provided for those courts. Punishments shall be as provided by the laws of the respective States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 10, 1956, ch. 1041, 70A Stat. 608 · 70A Stat. 608
Enacted · 32 U.S.C. § 326
Aug. 10, 1956, ch. 1041, 70A Stat. 608
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 608Pub. L. 107–314 div. A title V § 512(a) · 116 Stat. 2458
Inserted · 32 U.S.C. § 326
Pub. L. 107–314 inserted at end “Punishments shall be as provided by the laws of the respective States and Territories, Puerto Rico, and the District of Columbia.”
Source evidence
Code amendment note
Pub. L. 107–314 inserted at end “Punishments shall be as provided by the laws of the respective States and Territories, Puerto Rico, and the District of Columbia.”Enacted provision · exact public law section
(a) Manner of Prescribing Punishments.— Section 326 of title 32, United States Code, is amended by adding at the end the following new sentence: “Punishments shall be as provided by the laws of the respective States and Territories, Puerto Rico, and the District of Columbia.”.National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 div. A title X § 1057(b)(7) · 119 Stat. 3136
Substituted · 32 U.S.C. § 326
Pub. L. 109–163 substituted “States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands” for “States and Territories, Puerto Rico, and the District of Columbia”
Source evidence
Code amendment note
Pub. L. 109–163 substituted “States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands” for “States and Territories, Puerto Rico, and the District of Columbia”.Enacted provision · exact public law section
(7) Sections 326, 327, and 501 are amended by striking “States and Territories, Puerto Rico, and the District of Columbia” each place it appears and inserting “States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands”.
2 of 3 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 326 | 32:91. | June 3, 1916, ch. 134, § 102, 39 Stat. 208. |
The words “not in Federal service” are substituted for the words “Except in organizations in the service of the United States”. The words “have the jurisdiction and powers” are substituted for the words “and have cognizance of the same subjects, and possess like powers”. The words “of three kinds, namely”, “provided for by the laws and regulations governing”, “proceedings of courts-martial of the National Guard”, and “modes of” are omitted as surplusage.
Editorial Notes
Amendments2002–2006 · 2 rounds
2006
Pub. L. 109–163 substituted “States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands” for “States and Territories, Puerto Rico, and the District of Columbia”.
2002
Pub. L. 107–314 inserted at end “Punishments shall be as provided by the laws of the respective States and Territories, Puerto Rico, and the District of Columbia.”
Credits
1956–2006 · 3 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 608
- 2002Pub. L. 107–314, div. A, title V, § 512(a), , 116 Stat. 2537
- 2006Pub. L. 109–163, div. A, title X, § 1057(b)(7), , 119 Stat. 3442.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 608; Pub. L. 107–314, div. A, title V, § 512(a), , 116 Stat. 2537; Pub. L. 109–163, div. A, title X, § 1057(b)(7), , 119 Stat. 3442.)