HB 2591
Defend the Guard Act
Take action
Record your position on this measure.
Sign in to record your position, submit testimony, or contact your legislator.
Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
House Bill 2591, the "Defend the Guard Act," requires an official declaration of war by the United States Congress or a specific call forth by Congress before members of the West Virginia National Guard can be deployed to active-duty combat. The bill is based on interpretations of the U.S. Constitution and historical documents arguing that the power to declare war belongs solely to Congress. It defines ‘active duty combat’ and establishes that the Governor must ensure compliance with this new requirement.
Key provisions
- Requires an official declaration of war from the U.S. Congress for National Guard deployment to combat.
- Defines ‘active duty combat’ as participation in armed conflict, hazardous service, or wartime duties.
- Cites historical interpretations of the U.S. Constitution and Founding Fathers’ writings to support the requirement.
- States that the Governor must ensure compliance with the bill's provisions.
- Establishes that the West Virginia National Guard cannot be released for active duty combat without Congressional authorization.
- Specifies that an ‘official declaration of war’ is defined as a declaration by the U.S. Congress.
- References the Kentucky and Virginia Resolutions of 1798.
- Mentions George Washington, James Madison, Thomas Jefferson, and Alexander Hamilton’s writings regarding Congressional authority over war.
Who is affected
- West Virginia National Guard members
- The Governor of West Virginia
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Arguments in favor
Reasons to support this legislation.
No arguments in favor have been submitted.
Submit yoursArguments opposed
Reasons to oppose this legislation.
No arguments opposed have been submitted.
Submit yours