Bill > SB22

This bill, known as the "Defend the Guard Act," establishes new requirements before members of the West Virginia National Guard can be deployed for active-duty combat. "Active-duty combat" is defined as participating in an armed conflict, performing hazardous service in a foreign country, or carrying out a duty related to war. The bill states that the West Virginia National Guard cannot be sent into such combat unless the United States Congress has made an "official declaration of war," meaning a formal declaration by Congress as outlined in the Constitution, or has officially called forth the National Guard for specific purposes like enforcing federal laws, repelling invasions, or quelling insurrections, as also authorized by the Constitution. The bill's findings section emphasizes that the power to declare war rests solely with Congress and criticizes the Executive Branch for allegedly overstepping this authority. The Governor of West Virginia is directed to ensure compliance with these new provisions.

Military Affairs and Security

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=22&year=2026&sessiontype=RS&btype=bill