Bill Description: Senate Bill 1334 would declare that the policy of Idaho is to not deploy the National Guard for military action unless it is for an action that has received congressional authorization.
Rating: +1
NOTE: Senate Bill 1334 is similar to Senate Bill 1252 (2024) and Senate Bill 1145 (2023).
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 1334 would create Section 67-2364, Idaho Code, provide relevant definitions, and say, “Notwithstanding any provision of law to the contrary, the governor shall not authorize the organized militia of the state of Idaho, or any member thereof, to enter active duty combat unless: the United States congress has passed an official declaration of war; or the United States has taken official action pursuant to clause 15, section 8, article I of the constitution of the United States to explicitly call forth the Idaho national guard and any member thereof for the enumerated purposes of executing the laws of the union, repelling invasion, or suppressing insurrection.”
Additionally, it would say, “The governor shall 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 shall be construed to restrict participation in non-combat federal service, including training or administrative duty” or to “limit or prohibit the governor from authorizing or maintaining members of the organized militia in duty status pursuant to 32 U.S.C. 101 et seq., or from authorizing defense support for civil authorities missions within the United States or 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.
(+1)
