Bill > LD265

This bill establishes new restrictions on the deployment of the Maine National Guard to foreign combat missions by requiring an official declaration of war or specific constitutional authorization from the United States Congress. The bill defines "active duty combat" as participation in armed combat in a foreign nation, performing hazardous services related to an armed conflict outside the United States, or performing duties through an instrumentality of war. Under the proposed legislation, Maine's military forces cannot be released into active duty combat without explicit congressional approval, though the Governor retains the authority to deploy these forces for civil missions within the United States and its territories. The bill specifically references the U.S. Constitution's Article I, Section 8, which outlines Congress's powers related to military actions, and it aims to provide additional state-level oversight and protection for Maine's military personnel by preventing deployment to foreign combat zones without a formal congressional declaration or specific constitutional justification. The Governor is still permitted to deploy military forces under existing federal guidelines outlined in 32 United States Code.

Military Affairs and Security

https://legislature.maine.gov/legis/bills/display_ps.asp?LD=265&snum=132