Resolution TitleInformation Clearinghouse and Opposition to “Defend the Guard Act” Legislation
Date CreatedMay 27, 2024
Initial Submission Date05/27/2024
Proposal TypeNew
State/Territory Chapter Submitting (Primary Sponsor)MT
Business Case

The 10th Amendment Center and the Defend the Guard organization have introduced potentially harmful legislation in over 38 states. Although none have passed into law yet, the "Defend the Guard" legislation would prohibit a state's National Guard units from being deployed into active combat without a formal declaration of war by Congress, as outlined in the U.S. Constitution. While the intent behind this legislation is commendable, the approach of requiring a governor to withhold a state's National Guard from federal activation is counterproductive. Such actions could lead to the reallocation of critical missions from the state in question to other states without such restrictions, effectively "defunding" the National Guard of the state that adopts this law.
Given the ongoing threat of this legislation being introduced in multiple states, it is crucial to maintain constant communication among the states. EANGUS can play a pivotal role by acting as a clearinghouse, relaying timely and accurate information from state associations about the status of Defend the Guard legislation across the country. This proactive approach will help ensure that all EANGUS states, territories, and districts are fully informed and can respond effectively to these legislative challenges.

Recommendation

EANGUS stands in opposition to Defend The Guard Act legislation introduced in member states and will aim to provide all member states with timely and accurate information that it receives from state associations concerning Defend the Guard Act legislation introduced in the respective state.

Referenceshttps://tenthamendmentcenter.com/legislation/defend-the-guard/ defendtheguard.us