Defend the Guard Act

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Policy Status

  • Type: Model Policy
  • Status: Draft
  • Date Introduced: December 4, 2024

Issues

  • Homeland Security
  • Federalism

    • Task Forces

  • Homeland Security
  • Federalism and International Relations

    • Tags

  • SNPS 2024

    • Summary

    This Act prohibits the State National Guard from being released into active-duty combat unless the United States Congress has passed an official declaration of war or has taken official action to call forth the National Guard for the enumerated purposes of expressly executing the laws of the Union, repelling invasion, or suppressing an insurrection.
    Draft

    Defend the Guard Act

    Section 1. {Findings}

    This state’s legislative body finds that this Act, creating the Defend the Guard Act, follows the principles embodied in the United States Constitution and the writings of the founders.  Article I, Section 8 of the United States Constitution vests in the Congress the exclusive power to declare war. By abdicating the war powers to the executive branch, the United States Congress has failed to follow the United States Constitution and the intent of the founders.

    Section 2. {Defend the Guard Act}

    (a) This section shall be known and may be cited as the “Defend the Guard Act.”

    (b) For the purposes of this section:

    (1) “Active-duty combat” means performing the following services in the active federal military service of the United States:

    (i) Participation in an armed conflict;

    (ii) Performance of a hazardous service relating to an armed conflict in a foreign state; or

    (iii) Performance of a duty through an instrumentality of war.

    (2) “Official declaration of war” means an official declaration of war made by the United States Congress pursuant to Article I, Section 8, Clause 11 of the United States Constitution.

    (c) Notwithstanding any other provisions of law, this state’s National Guard and any member thereof shall not be released from the State into active duty combat unless the United States Congress has passed an official declaration of war or has taken an official action pursuant to Article I, Section 8, Clause 15 of the United States Constitution to explicitly call forth this state’s National Guard and any member thereof for the enumerated purposes of expressly executing the laws of the Union, repelling invasion or suppressing an insurrection. The governor shall take all actions necessary to comply with the requirements of this section.

    (d) Nothing in this section limits or prohibits the governor from consenting to the deployment of this state’s National Guard member under Title 32 of the United States Code for the purpose of providing defense support for civil authority missions within the United States and United States territories.

    Section 3. {Command of military force called into service}

    (a) Subject to Section 2 of this Act, the National Guard of the State may be ordered into the service of the United States by the President of the United States for any purpose for which he is authorized to use militia of the states by the Constitution of the United States.

    Section 4. {Effective date}

    (a) This Act is effective on the date determined by this legislative body.