Defend the guard act
NATIONAL GUARD – Adds to existing law to establish the Defend the Guard Act.

RS31038 / S1252

This legislation embodies the intent of our founding fathers and follows the principles and provisions contained in the United States Constitution, specially Article 1, Section 8. Congress has the exclusive power to declare war under our United States Constitution. The federal executive branch has exceeded its constitutional authority by calling up the state components of the National Guard in what are really warfighting operations without a congressional declaration of war. The men and women in the Idaho National Guard must not be called into active duty combat operations on foreign soil unless there has been a congressional declaration of war. This legislation does not impact the Governor's ability to mobilize the Idaho Guard as outlined in article 4, section 4 of the Idaho Constitution. It also does not limit the United States ability to call up the Idaho National Guard for training missions as provided in Title 10 United States Code. This legislation prohibits mobilization of the Idaho National Guard for combat actions unless there has been a corresponding congressional declaration of war.

There will be no impact to the General Fund as this legislation is solely a return in following the intent and letter of the United States Constitution.

Bill Events
Date Description
01/26 Introduced; read first time; referred to JR for Printing
01/29 Reported Printed; referred to State Affairs
02/28 Reported out of Committee with Do Pass Recommendation; Filed for second reading
02/29 Read second time; filed for Third Reading
03/01 Retained on calendar
03/04 Read third time in full – PASSED - 27-8-0
AYES – Adams, Anthon, Bernt, Bjerke, Carlson, Den Hartog, Grow, Guthrie, Harris, Hart, Hartgen, Herndon, Just, Lakey, Lee, Lenney, Lent, Nichols, Okuniewicz, Rabe, Ricks, Taylor, Toews, Trakel, VanOrden, Winder, Zuiderveld
NAYS – Burtenshaw, Cook, Foreman, Ruchti, Schroeder, Semmelroth, Ward-Engelking, Wintrow
Absent and excused – None
Floor Sponsor - Adams
Title apvd - to House
03/05 Received from the Senate, Filed for First Reading
03/05 Read First Time, Referred to Transportation & Defense