SB 22
Establishing Defend the Guard Act
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill, titled the "Defend the Guard Act", aims to ensure that the West Virginia National Guard remains under state control until the United States Congress formally declares war or authorizes the unit’s deployment for combat operations. The bill emphasizes the constitutional authority of Congress to declare war and requires a congressional action before National Guard members can be released to participate in active-duty combat, referencing historical documents and constitutional principles. It seeks to prevent the executive branch from unilaterally deploying the National Guard into combat without congressional authorization.
Key provisions
- Requires an official declaration of war from the U.S. Congress before the West Virginia National Guard can be deployed to active-duty combat.
- Defines ‘active-duty combat’ as participation in armed conflict, hazardous service in a foreign state, or performance of a duty through a wartime instrumentality.
- Establishes that an ‘official declaration of war’ is a formal declaration by the U.S. Congress.
- References historical documents and constitutional principles to support the need for congressional authorization for war.
- Specifies that the Governor must take necessary actions to comply with the bill’s requirements.
- Clarifies that the National Guard remains under state control unless specifically authorized by Congress.
- Links the deployment authorization to the Congressional power to declare war (Article I, Section 8 of the U.S. Constitution).
- Highlights the importance of Congressional authority over the Executive Branch in matters of war.
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