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The involvement of U.S. armed forces in hostilities in the Middle East without congressional authorization should spur the legislative branch into action.
Under the proposed law, the Kentucky governor could not release the state’s National Guard units into “active duty combat” unless the federal government has satisfied any outstanding balance to the Kentucky National Guard and Congress has “passed an official declaration of war or taken official action pursuant to Article 1, Section 8, Clause 15 of the United States Constitution to explicitly call forth the Kentucky National Guard and any member of the Guard for enumerated purposes to expressly execute the laws of the Commonwealth, repel invasion, or suppress insurrections.”
The New Hampshire House passed a bill that would require the governor to stop unconstitutional foreign combat deployments of the state’s National Guard troops.
The legislation would prohibit the governor from releasing any unit or member of the Tennessee National Guard into “active duty combat” unless Congress passes an official declaration of war or has taken an official action pursuant to the United States Constitution
Titled the Defend the Guard Act, the legislation would prohibit the governor from releasing any unit or member of the Michigan National Guard into “active duty combat” unless Congress passes an official declaration of war or has taken an official action under clause 15 of section 8 of article I of the Constitution of the United States to explicitly call forth the state militia to execute the laws of the union, suppress an insurrection, or repel an invasion.