AZ
Arizona House Bill HB2181

Arizona 2024 Regular Session

Arizona House Bill HB2181

Introduced
2/1/24  
Report DNP
2/12/24  
Introduced
2/1/24  

Caption

National guard; active duty combat

Impact

If enacted, this bill would amend Title 26, Chapter 1, Article 3 of the Arizona Revised Statutes by adding Section 26-164. It serves to remind state authorities and the public of the constitutional boundaries governing the declaration of war and active military engagement. The bill underscores the importance of requiring the governor to act within the framework established by the federal constitution regarding military actions. Proponents argue that it addresses the growing trend of unilateral military engagement by the executive branch over the past several decades.

Summary

House Bill 2181, also known as the 'Defend the Guard Act', seeks to restrict the circumstances under which the National Guard can be called into active duty combat. Specifically, it stipulates that the National Guard cannot be mobilized for combat without either an official declaration of war by the United States Congress or specific authorization by the Arizona Legislature through a concurrent resolution. This approach aims to reinforce the legislative authority over military matters, reflecting a concern over the executive branch's historical tendency to engage in military action without adequate legislative oversight.

Contention

Notably, HB2181 acknowledges the historical context in which state and federal powers interact regarding military engagement. There is an inherent tension between state authority and federal military operations, particularly in situations where state forces may be mobilized without explicit legislative approval. Critics may argue that while the intention of the bill is to uphold constitutional provisions, it could potentially hinder the timely response necessary during national emergencies. Furthermore, concerns about the state's ability to adequately respond to military needs in complex situations might emerge, leading to debates about balancing national security interests with constitutional mandates.

Latest HB2181 Activity

Companion Bills

No companion bills found.

Previously Filed As

AZ HB2320

National guard; active duty combat

AZ HB2188

National guard; active duty combat

AZ SB1121

National guard; active duty; requirements

AZ HCR2038

Drug cartels; terrorist organizations

AZ HB527

Require official action to release Montana national guard to active duty combat

AZ HB1056

Defend the Guard Act; create to require official declaration of war before national guard are called for active duty combat.

AZ SCM1004

Space national guard; urging establishment

AZ SB1495

National guard; active duty; requirements

AZ SB1367

National guard; active duty; requirements

AZ SCR1021

Sex trafficking; child; natural life

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