Bill > SB38

This bill, known as the Defend the Guard Act, aims to restrict the deployment of the Kansas National Guard into active combat by requiring a formal declaration of war by the United States Congress before members can be sent into active duty combat. The bill frames its provisions as a defense of constitutional principles, specifically referencing Article I, Section 8 of the U.S. Constitution, which gives Congress the exclusive power to declare war. Under this proposed legislation, the Kansas National Guard can only be released into active duty combat if Congress passes an official declaration of war or takes specific constitutional actions to call forth the guard for executing laws, repelling an invasion, or suppressing an insurrection. The bill defines "active duty combat" as participating in armed conflicts, performing hazardous services related to armed conflicts in foreign states, or performing duties through war-related instrumentalities. However, the governor retains the ability to consent to National Guard deployments for defense support of civil authority missions within the United States under existing federal regulations. The legislation reflects a state-level attempt to limit military deployments by requiring explicit congressional authorization and preserving state control over the National Guard.

Government Affairs

Federal and State Affairs (Senate)

https://kslegislature.gov/li/b2025_26/measures/sb38/