Bill > SB468

This bill, known as the "Defend the Guard Act," aims to restrict the deployment of the West Virginia National Guard to active-duty combat by requiring an official declaration of war or a specific congressional action under the U.S. Constitution. The bill begins with a series of historical findings that emphasize the Founding Fathers' intent for Congress, not the Executive Branch, to have the power to declare war. It defines "active-duty combat" as participating in armed conflicts, performing hazardous services in foreign states, or engaging in war-related duties. The key provision mandates that the West Virginia National Guard cannot be released for active-duty combat without either a formal congressional declaration of war or a specific congressional action under the Constitution to call forth the Guard to execute laws, repel an invasion, or suppress an insurrection. The Governor is required to take all necessary actions to ensure compliance with this restriction. The bill is grounded in a constitutional interpretation that seeks to limit executive war-making powers and restore what the bill's proponents view as the original constitutional balance of war powers.

Military Affairs and Security

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=468&year=2025&sessiontype=RS&btype=bill