Bill > H3829

This bill proposes a new provision in Massachusetts law that restricts the deployment of the Massachusetts National Guard into active combat situations. Specifically, the bill defines "active-duty combat" as participation in an armed conflict, performing hazardous service in a foreign state, or performing a duty through an instrumentality of war. The legislation mandates that the Massachusetts National Guard cannot be released from state control for active combat unless the United States Congress has either officially declared war (as per the Constitution's Article I, Section 8, Clause 11) or explicitly called forth the National Guard for specific constitutional purposes such as executing union laws, repelling an invasion, or suppressing an insurrection. The Governor is required to take all necessary actions to ensure compliance with this restriction. By introducing this measure, the bill aims to provide additional oversight and protection for Massachusetts National Guard members, ensuring they are not deployed into combat zones without a formal congressional declaration or specific constitutional justification. The provision would take effect immediately upon passage.

Military Affairs and Security

https://malegislature.gov/Bills/194/H3829