Constitution says Congress can act as the Only power to declare war—but that hasn’t stopped presidents from sending U.S. troops to many conflicts that haven’t been congressionally authorized. Legislation is being introduced by state legislatures in the United States that may challenge any unconstitutional deployments.
Legislation to “Defend The Guard” would be Please allowStates can prevent their National Guard units deployed abroad by the National Guard if Congress has officially authorized it through a Declaration of War. National Guardsmen made up more than half of all soldiers in the Global War on Terror. Notifications Defend the Guard, a project of BringOurTroopsHome.US. Defend the Guard notes the fact that the manpower withheld is not enough to ensure the security of the States. compelThe federal government is to “limit its endless wars” and make sure that the U.S. Constitution’s rights are respected.
Congress last issuedA declaration of war during World War II. Over the past 80 years, the U.S. has increased its military presence overseas. American active-duty soldiers are Get involvedCounterterrorism Training Missions in 65 Nations. Direct-fire Combat Operations in 14 Countries. U.S. ConductsDrone strikes in seven countries
These activities were not authorized by Congress. However, many of them have been possible because of Authorizations for Use of Military Forces (AUMFs). issuedIn 2001 and 2002. The AUMFs SendThe president has broad authority to “use all necessary and appropriate force against any nation, organization, or person” that are suspected of being involved in the September 11, 2001 attacks. To date, the 2001 AUMF was used. Justification41 missions were carried out in 19 countries. The 2002 AUMF was not used as the sole authorization in military forces since 2011.
Legislation to Protect the Guard seeks a halt to this prerogative. Legislators Arizona, Idaho, Kentucky, OklahomaAnd Other statesIn the last month, bills were introduced to keep National Guardsmen safe from unauthorized conflicts. If these bills are passed, the federal government will still have the ability to InstallThe National Guard can be sent to foreign countries to train or to serve as a guard to other states, in addition to all other constitutionally mandated activities. A 1990 Supreme Court decision ruledThe federal government can deploy the state’s National Guard to peacetime training purposes, without governor approval.
In conflict deployments, however, Defend the Guard legislation would require that “congressmen put their names on the dotted line before they ask our soldiers to put their boots on the ground,” as BringOurTroopsHome.US founder Dan McKnight Writes. House in the U.S. VotedLast year, the repeal of 2002 AUMF toothless, though rolling back the 2001 AUMF—a Key justification for presidential war making—has proven Much more difficultWashington. The executive branch still has considerable latitude over how it conducts military operations, while Congress is yet to reclaim its war power.
James Madison WriteThomas Jefferson wrote in 1798 that the executive is “the branch of power most concerned in war” and “most likely to engage in it”. This propensity can be dangerous when combined with Congress not being involved in declaring war. With the Defend The Guard legislation, state legislators have an important tool, which they might be able to use in 2022.