The proposed bill seeks to amend the Code of West Virginia by introducing a new section, 15-1B-1a, titled the "Defend the Guard Act." This legislation mandates 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 highlights historical perspectives from notable figures such as George Washington, James Madison, Thomas Jefferson, and Alexander Hamilton regarding the legislative branch's exclusive role in declaring war.

Additionally, the bill defines "active-duty combat" and "official declaration of war," clarifying the conditions under which the National Guard may be mobilized. It stipulates that the Governor must ensure compliance with these requirements, reinforcing the legislative intent to limit the executive branch's power in military engagements without congressional approval. This legislation reflects a broader concern about the balance of power between state and federal authorities in matters of war and military deployment.

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