Bill > HB1056

This bill, known as the "Defend the Guard Act," seeks to restrict the deployment of Mississippi's National Guard to active duty combat unless the United States Congress formally declares war or takes specific constitutional actions. The legislation is grounded in a detailed interpretation of the U.S. Constitution's war powers, citing founding fathers like Washington, Madison, Jefferson, and Hamilton to argue that the power to initiate war should exclusively rest with Congress. The bill defines "active duty combat" as participation in armed conflicts, performing hazardous services in foreign states, or engaging in war-related duties. Under this proposed law, the Mississippi National Guard cannot be released for active duty combat without an official congressional declaration of war or a specific constitutional action to execute Union laws, suppress an insurrection, or repel an invasion. The bill highlights what its sponsors view as an unconstitutional trend of the executive branch initiating military actions without formal congressional approval, and it empowers the Governor to ensure compliance with these restrictions. The legislation is set to take effect on July 1, 2025, and represents a state-level attempt to assert control over military deployment by requiring explicit congressional authorization for National Guard combat missions.

Military Affairs and Security

https://billstatus.ls.state.ms.us/2025/pdf/history/HB/HB1056.xml