Session of 2025
SENATE BILL No. 38
By Committee on Federal and State Affairs
1-16
AN ACT concerning the Kansas national guard; creating the defend the
guard act; establishing when the national guard may be released into
active duty combat.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) The provisions of this section shall be known and may
be cited as the defend the guard act.
(b) The defend the guard act follows the principles that guided the
writers of our inspired constitution, embodied in the constitution of the
United States and the writings of the founders. Article I, section 8 of the
constitution of the United States vests in the congress the exclusive power
to declare war, and article 8 of the constitution of the state of Kansas
establishes our governor as the commander in chief of the state militia
while directing the Kansas legislature to provide for organizing, equipping
and disciplining the militia. By usurping the authority of Kansas officials
and by abdicating the war powers to the executive branch, the United
States congress has failed to follow the constitution of the United States
and the intent of the founders.
(c) Notwithstanding any other provisions of law, the Kansas national
guard, or 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 pursuant to article I,
section 8, clause 15 of the constitution of the United States to explicitly
call forth the Kansas national guard, or any member thereof, for the
enumerated purposes to expressly execute the laws of the union, repel an
invasion or suppress an insurrection. The governor shall take all actions
necessary to comply with the requirements of this section.
(d) Nothing in this section limits or prohibits the governor from
consenting to the deployment of any Kansas national guard member on
defense support for civil authority missions within the United States and
territories of the United States under title 32 of the United States code.
(e) For the purposes of this section:
(1) "Active duty combat" means performing the following services in
the active federal military service of the United States:
(A) Participation in an armed conflict;
(B) performance of a hazardous service relating to an armed conflict
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in a foreign state; or
(C) performance of a duty through an instrumentality of war.
(2) "Official declaration of war" means an official declaration of war
made by the United States congress pursuant to article I, section 8, clause
11 of the constitution of the United States.
Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.
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