The proposed bill seeks to amend the Code of West Virginia by introducing a new section, 15-1B-1a, known as the "Defend the Guard Act." This legislation stipulates that members of the West Virginia National Guard cannot be released from state control to engage in active-duty combat unless there is an official declaration of war or a specific action taken by the United States Congress to call forth the state militia. The bill emphasizes the constitutional authority of Congress over war powers and outlines the historical context and reasoning behind this requirement, citing various founding fathers' perspectives on the separation of powers regarding military engagement.

Additionally, the bill defines key terms such as "active-duty combat" and "official declaration of war," clarifying the conditions under which the National Guard may be mobilized. It mandates that the Governor must ensure compliance with these stipulations, reinforcing the legislative intent to uphold state control over the National Guard in matters of military engagement unless explicitly authorized by Congress.

Statutes affected:
Introduced Version: 15-1B-1a