The proposed bill seeks to amend the Code of West Virginia by introducing a new section, designated 15-1B-1a, titled the "Defend the Guard Act." This legislation establishes 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 responsibilities of the Governor to ensure compliance with these requirements.

Additionally, the bill includes a series of findings that highlight the historical context and constitutional principles regarding the separation of powers in matters of war. It defines "active-duty combat" and "official declaration of war," reinforcing the necessity for congressional approval before the National Guard can be mobilized for combat. The legislation aims to restore the legislative authority over war decisions, which the bill argues has been undermined by the Executive Branch in recent decades.

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