OLYMPIA, Wash. – Republican candidate for governor Semi Bird wants to use the Washington National Guard to solve homelessness. The legality of that idea is an open question according to legal scholars.
Bird’s campaign website says that if he is elected governor he will declare a state of emergency and deploy the national guard.
“Under Article 3 [Section] 8 of the Washington State constitution, I will activate our national guard to bring forward immediate housing, physical, psychological, and dental health services, which will include alcohol and drug addiction intervention and treatment,” Bird’s website states.
Whether Bird could actually constitutionally declare homelessness a state of emergency and subsequently use the emergency powers of the governor’s office to address that declaration is unclear.
University of Washington law school professor Hugh Spitzer, a leading state constitution scholar, thinks it is unlikely Bird could actually make such a move.
“[Article 3 Section 8] simply tells us that the Governor is the commander in chief of the state militia. But the specifics of the Governor’s powers are set out in Chap. 38.08 RCW. But that statute gives the Governor strong powers re the militia (now the National Guard) only in the event of an invasion or insurrection,” Spitzer said.
While governors have increased political power during statewide emergencies, what qualifies as an emergency is typically a deadly weather event or political unrest rather than a systemic policy issue like housing, mental health or addiction.
“I would be quite surprised if the Governor could order the national guard to start providing the services Mr. Bird mentioned without some additional statutory authority. It’s surprising how little power the Governor has beyond what’s specifically granted by legislation,” Spitzer said.
Cornel Clayton, a Washington State University political science professor and the director of the Thomas S. Foley Institute of Public Policy and Public Service, expressed similar skepticism.
“My initial reaction is that this is not what that clause in the constitution was intended for. Rather, it contemplates calling up the national guard during an emergency,” Clayton said.
Clayton echoed Sptizer’s observation that gubernatorial emergency powers are specifically delineated in state law and are not generally seen as granting the governor broad military powers.
“Whether a governor could declare homelessness an emergency is an interesting question, and whether such a declaration would be reviewable by the courts is also an interesting question,” Clayton said.
NonStop Local KHQ has reached out to the Bird campaign for clarification on the candidate’s homelessness platform but has yet to hear back.
Bird served in the Marine Corps and earned a Purple Heart following his combat deployment. He is not currently affiliated with the Washington Military Department which would be responsible for carrying out his proposed emergency plan.
If Bird is elected and moves forward with his proposal, a legal battle over whether a governor has the right to mobilize the national guard to respond to an emergency they declared could take place in Washington’s court system.
