Bill > HB2188

This bill, known as the Defend the Guard Act, establishes strict conditions under which the Kansas National Guard can be deployed for active duty combat, based on principles of constitutional governance. Specifically, the bill requires that the U.S. Congress must either officially declare war or explicitly call forth the Kansas National Guard for specific constitutional purposes (such as executing laws, repelling an invasion, or suppressing an insurrection) before members can be released from the state for active combat. The bill defines "active duty combat" as participating in armed conflict, performing hazardous services related to an armed conflict in a foreign state, or performing war-related duties. The legislation criticizes past congressional practices for allegedly bypassing constitutional war powers and usurping state authority. While restricting combat deployments, the bill does not prevent the governor from consenting to defense support missions within the United States under existing federal guidelines. The act reflects a state-level attempt to reassert local control over military deployment and adhere more closely to what the bill's proponents view as the original constitutional intent regarding war powers and militia deployment.

Military Affairs and Security

Federal and State Affairs (H)

https://kslegislature.gov/li/b2025_26/measures/hb2188/