Bill > HB2591

This bill, known as the "Defend the Guard Act," seeks to restrict the deployment of the West Virginia National Guard to active duty combat by requiring an official declaration of war by the United States Congress or a specific constitutional action to call forth the state militia. The bill's extensive preamble cites founding fathers like George Washington, James Madison, Thomas Jefferson, and Alexander Hamilton to emphasize the constitutional principle that Congress, not the executive branch, should have the power to declare war. It defines "active duty combat" as participation in armed conflict, performing hazardous services in a foreign state, or engaging in war-related duties. The key provision mandates that the West Virginia National Guard cannot be released from state control for active duty combat unless Congress has either formally declared war or taken an official action under the Constitution to call forth the militia for specific purposes like executing laws, repelling an invasion, or suppressing an insurrection. The Governor is required to take all necessary actions to ensure compliance with this restriction, effectively creating a state-level check on federal military deployment of the state's National Guard.

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http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2591&year=2025&sessiontype=RS&btype=bill