Florida bill would deny federals use of National Guard for foreign wars without declaration of war
Mobilization of the Florida National Guard filed in FL House and Senate
SHORT TITLE.—This section shall be known as the “Defend the Guard Act.”
This legislation provides the state with a way to protect its citizen soldiers and denies the federals valuable resources it needs to wage undeclared wars around the globe.
HB 261 General Bill by Bell
Mobilization of the Florida National Guard: Prohibits release of Florida National Guard or member thereof from this state into active-duty combat without official declaration of war or other official action by United States Congress; requires Governor to take all necessary actions to comply with such prohibition.
Effective Date: upon becoming a law
Last Event: Filed on Tuesday, October 12, 2021 9:36 AM
Senator Jason W. B. Pizzo
2020-2022 Party: Democrat
SB 422: Mobilization of the National Guard
Filed on 10/7/2021
Referred to Military and Veterans Affairs, Space, and Domestic Security; Judiciary; Rules 10/13/2021
GENERAL BILL by Pizzo
Mobilization of the National Guard; Citing this act as the "Defend the Guard Act"; prohibiting release of the Florida National Guard or any member thereof from this state into active duty combat without a declaration of war or other official action by the United States Congress; requiring the Governor to take all necessary actions to comply with such prohibition, etc.
38-00602-22 2022422__ 1 A bill to be entitled 2 An act relating to mobilization of the National Guard; 3 creating s. 250.475, F.S.; providing a short title; 4 defining terms; prohibiting release of the Florida 5 National Guard or any member thereof from this state 6 into active duty combat without a declaration of war 7 or other official action by the United States 8 Congress; requiring the Governor to take all necessary 9 actions to comply with such prohibition; providing an 10 effective date. 11 12 WHEREAS, Article I, Section 8 of the United States 13 Constitution vests in the United States Congress the exclusive 14 power of war, and 15 WHEREAS, in spite of the clear language of the United 16 States Constitution vesting the power of war exclusively in the 17 United States Congress, the United States executive branch has 18 unconstitutionally assumed that power while the United States 19 Congress has abdicated its constitutional duty, and 20 WHEREAS, although the United States Congress has not 21 officially declared war in over 70 years, the United States has 22 during that time gone to war repeatedly at the direction of the 23 executive branch, and 24 WHEREAS, when such unconstitutional actions are taken by 25 the Federal Government, it is the proper role of the states to 26 take action to remedy such situations, as stated in the Virginia 27 and Kentucky Resolutions of 1798, and 28 WHEREAS, founding father and first president George 29 Washington wrote, “The Constitution vests the power of declaring 30 war in Congress; therefore, no offensive expedition of 31 importance can be undertaken until after they shall have 32 deliberated upon the subject and authorized such a measure,” and 33 WHEREAS, the Father of the Constitution, James Madison, 34 wrote, “The Constitution supposes, what the History of all 35 Governments demonstrates, that the Executive is the branch of 36 power most interested in war, and most prone to it. It has 37 accordingly with studied care vested the question of war to the 38 Legislature,” and 39 WHEREAS, the author of the Declaration of Independence, 40 Thomas Jefferson, wrote, “We have already given in example one 41 effectual check to the dog of war by transferring the power of 42 letting him loose from the Executive to the Legislative 43 body...,” and, “Considering that Congress alone is 44 constitutionally invested with the power of changing our 45 condition from peace to war, I have thought it my duty to await 46 their authority for using force in any degree which could be 47 avoided,” and 48 WHEREAS, another founding father and defender of the United 49 States Constitution, Alexander Hamilton, wrote, “’The Congress 50 shall have the power to declare war’; the plain meaning of which 51 is, that it is the peculiar and exclusive duty of Congress, when 52 the nation is at peace, to change that state into a state of 53 war...,” NOW, THEREFORE, 54 55 Be It Enacted by the Legislature of the State of Florida: 56 57 Section 1. Section 250.475, Florida Statutes, is created to 58 read: 59 250.475 Mobilization of National Guard into active duty 60 combat.— 61 (1) SHORT TITLE.—This section shall be known as the “Defend 62 the Guard Act.” 63 (2) DEFINITIONS.—As used in this section, the term: 64 (a) “Active duty combat” means performing the following 65 services in the active federal military service of the United 66 States: 67 1. Participation in an armed conflict; 68 2. Performance of a hazardous service in a foreign state; 69 or 70 3. Performance of a duty through an instrumentality of war. 71 (b) “Official declaration of war” means an official 72 declaration of war made by the United States Congress pursuant 73 to Article I, Section 8, Clause 11 of the United States 74 Constitution. 75 (3) MOBILIZATION INTO ACTIVE DUTY; DECLARATION OF WAR. 76 Notwithstanding any other provision of this chapter, the Florida 77 National Guard and any member thereof may not be released from 78 this state into active duty combat unless the United States 79 Congress has made an official declaration of war or has taken an 80 official action pursuant to Article I, Section 8, Clause 15 of 81 the United States Constitution to explicitly call forth the 82 Florida National Guard and any member thereof for the enumerated 83 purposes of expressly executing the laws of the union, repelling 84 an invasion, or suppressing an insurrection. The Governor shall 85 take all actions necessary to comply with this section. 86 Section 2. This act shall take effect upon becoming a law.