Bill Description: Senate Bill 1145 would declare that the policy of Idaho is to not deploy the National Guard for military action without Congressional authorization.

Rating: +1

Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?

Senate Bill 1145 would create Section 46-114, Idaho Code, titled "Defend the Guard Act." This section would provide relevant definitions and say, "Notwithstanding any other provision of Idaho law, the Idaho national guard and any member thereof must not be released from the state into active duty combat unless the United States congress has passed an official declaration of war or has taken an official action pursuant to clause 15, section 8, article I of the United States constitution to explicitly call forth the Idaho national guard and any member thereof for the enumerated purposes to expressly execute the laws of the union, repel an invasion, or suppress an insurrection."

Additionally, it would say, "The governor must take all actions necessary to comply with the requirements of this section."

It would clarify that these limitations apply to support for military action only, saying, "nothing in this section limits or prohibits the governor from consenting to the deployment of any Idaho national guard member on title 32, U.S.C., defense support for civil authority missions within the United States and United States territories."

It is appropriate for the states to exercise discretion when deploying the National Guard and to expect a constitutionally required declaration of war before consenting to the overseas deployment of guardsmen. 

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