Bill > S2471

This bill proposes to add a new section to Massachusetts state law that restricts the deployment of the Massachusetts National Guard into active combat, requiring a formal declaration of war by the United States Congress before such deployment can occur. Specifically, the bill defines "active-duty combat" as participation in an armed conflict, performance of hazardous service in a foreign state, or performing a duty through an instrumentality of war. An "official declaration of war" is defined as a formal declaration made by Congress under the Constitutional power to declare war. The bill mandates that the Massachusetts National Guard cannot be released for active combat duty unless Congress has either passed an official war declaration or explicitly called forth the National Guard under Constitutional provisions to execute union laws, repel an invasion, or suppress an insurrection. The Governor is required to take all necessary actions to ensure compliance with these restrictions. The new law would take effect immediately upon passage, providing a state-level constraint on military deployment that goes beyond existing federal guidelines by requiring a specific Congressional action before the state's National Guard can be committed to active combat.

Military Affairs and Security

https://malegislature.gov/Bills/194/S2471