Illinois 2023-2024 Regular Session

Illinois House Bill HB2587 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2587 Introduced 2/15/2023, by Rep. Jed Davis SYNOPSIS AS INTRODUCED: 20 ILCS 1805/10.5 new Provides that the Act may be referred to as the Defend the Guard Act. Amends the Military Code of Illinois. Provides that, notwithstanding any other provision of the Code, the Illinois National Guard and any member thereof shall 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 in accordance with the United States Constitution to explicitly call forth the Illinois 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. Requires the Governor to take all actions necessary to comply with the requirements of the amendatory Act. LRB103 24876 KTG 51209 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2587 Introduced 2/15/2023, by Rep. Jed Davis SYNOPSIS AS INTRODUCED: 20 ILCS 1805/10.5 new 20 ILCS 1805/10.5 new Provides that the Act may be referred to as the Defend the Guard Act. Amends the Military Code of Illinois. Provides that, notwithstanding any other provision of the Code, the Illinois National Guard and any member thereof shall 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 in accordance with the United States Constitution to explicitly call forth the Illinois 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. Requires the Governor to take all actions necessary to comply with the requirements of the amendatory Act. LRB103 24876 KTG 51209 b LRB103 24876 KTG 51209 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2587 Introduced 2/15/2023, by Rep. Jed Davis SYNOPSIS AS INTRODUCED:
3	3	20 ILCS 1805/10.5 new 20 ILCS 1805/10.5 new
4	4	20 ILCS 1805/10.5 new
5	5	Provides that the Act may be referred to as the Defend the Guard Act. Amends the Military Code of Illinois. Provides that, notwithstanding any other provision of the Code, the Illinois National Guard and any member thereof shall 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 in accordance with the United States Constitution to explicitly call forth the Illinois 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. Requires the Governor to take all actions necessary to comply with the requirements of the amendatory Act.
6	6	LRB103 24876 KTG 51209 b LRB103 24876 KTG 51209 b
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8	8	A BILL FOR
9	9	HB2587LRB103 24876 KTG 51209 b HB2587 LRB103 24876 KTG 51209 b
10	10	HB2587 LRB103 24876 KTG 51209 b
11	11	1 AN ACT concerning State government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. This Act may be referred to as the Defend the
15	15	5 Guard Act.
16	16	6 Section 5. The Military Code of Illinois is amended by
17	17	7 adding Section 10.5 as follows:
18	18	8 (20 ILCS 1805/10.5 new)
19	19	9 Sec. 10.5. Mobilization of Illinois National Guard into
20	20	10 active duty combat.
21	21	11 (a) Findings. The General Assembly finds the following:
22	22	12 (1) Article I, Section 8 of the United States
23	23	13 Constitution vests in the United States Congress the
24	24	14 exclusive power of war.
25	25	15 (2) In spite of the clear language of the United
26	26	16 States Constitution, vesting the power over war
27	27	17 exclusively in the United States Congress, the United
28	28	18 States Executive Branch has unconstitutionally assumed
29	29	19 that power while the United States Congress has abdicated
30	30	20 its constitutional duty.
31	31	21 (3) Although the United States Congress has not
32	32	22 declared war in over 70 years, the nation has since gone to
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36	36	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2587 Introduced 2/15/2023, by Rep. Jed Davis SYNOPSIS AS INTRODUCED:
37	37	20 ILCS 1805/10.5 new 20 ILCS 1805/10.5 new
38	38	20 ILCS 1805/10.5 new
39	39	Provides that the Act may be referred to as the Defend the Guard Act. Amends the Military Code of Illinois. Provides that, notwithstanding any other provision of the Code, the Illinois National Guard and any member thereof shall 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 in accordance with the United States Constitution to explicitly call forth the Illinois 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. Requires the Governor to take all actions necessary to comply with the requirements of the amendatory Act.
40	40	LRB103 24876 KTG 51209 b LRB103 24876 KTG 51209 b
41	41	LRB103 24876 KTG 51209 b
42	42	A BILL FOR
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67	67	1 war repeatedly at the whim of the United States Executive
68	68	2 Branch.
69	69	3 (4) When such unconstitutional actions are taken by
70	70	4 the federal government, it is the proper role of the
71	71	5 states themselves to take action to remedy such
72	72	6 situations, as outlined in the Kentucky and Virginia
73	73	7 Resolutions of 1798.
74	74	8 (5) A founder of this country, George Washington, once
75	75	9 wrote: "The Constitution vests the power of declaring war
76	76	10 in Congress; therefore, no offensive expedition of
77	77	11 importance can be undertaken until after they shall have
78	78	12 deliberated upon the subject and authorized such a
79	79	13 measure".
80	80	14 (6) The Father of the Constitution, James Madison,
81	81	15 once wrote: "The Constitution supposes, what the History
82	82	16 of all Governments demonstrates, that the Executive is the
83	83	17 branch of power most interested in war, and most prone to
84	84	18 it. It has accordingly with studied care vested the
85	85	19 question of war to the Legislature".
86	86	20 (7) The author of the Declaration of Independence,
87	87	21 Thomas Jefferson, once wrote: "We have already given in
88	88	22 example one effectual check to the dog of war by
89	89	23 transferring the power of letting him loose from the
90	90	24 Executive to the Legislative body. . ." and "Considering
91	91	25 that Congress alone is constitutionally invested with the
92	92	26 power of changing our condition from peace to war, I have
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103	103	1 thought it my duty to await their authority for using
104	104	2 force in any degree which could be avoided".
105	105	3 (8) Another Constitutional framer, Alexander Hamilton,
106	106	4 once wrote: "'The Congress shall have the power to declare
107	107	5 war'; the plain meaning of which is, that it is the
108	108	6 peculiar and exclusive duty of Congress, when the nation
109	109	7 is at peace, to change that state into a state of war. .
110	110	8 .".
111	111	9 (b) Definitions. As used in this Section:
112	112	10 (1) "Active duty combat" means performing the
113	113	11 following services in the active federal military service
114	114	12 of the United States:
115	115	13 (A) participation in an armed conflict;
116	116	14 (B) performance of a hazardous service in a
117	117	15 foreign state; or
118	118	16 (C) performance of a duty through an
119	119	17 instrumentality of war.
120	120	18 (2) "Official declaration of war" means an official
121	121	19 declaration of war made by the United States Congress in
122	122	20 accordance with Article I, Section 8, Clause 11 of the
123	123	21 United States Constitution.
124	124	22 (c) Notwithstanding any other provision of this Code, the
125	125	23 Illinois National Guard and any member thereof shall not be
126	126	24 released from the State into active duty combat unless the
127	127	25 United States Congress has passed an official declaration of
128	128	26 war or has taken an official action in accordance with Article
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139	139	1 I, Section 8, Clause 15 of the United States Constitution to
140	140	2 explicitly call forth the Illinois National Guard and any
141	141	3 member thereof for the enumerated purposes to expressly
142	142	4 execute the laws of the union, repel an invasion, or suppress
143	143	5 an insurrection. The Governor shall take all actions necessary
144	144	6 to comply with the requirements of this Section.
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