Kansas Senate Bill SB38

Kansas 2025-2026 Regular Session

• Introduced: 1/16/25
• Refer: 1/17/25

Caption

Creating the defend the guard act to establish when the Kansas national guard may be released into active duty combat.

Impact

If enacted, the Defend the Guard Act would significantly impact the deployment powers of the Kansas National Guard, effectively limiting the governor's authority regarding military engagement without congressional approval. This alignment with constitutional provisions highlights the intention of the bill to reassert state sovereignty in military matters, emphasizing a strict adherence to the procedures established by the Constitution. Consequently, it would mandate that any future activation of the National Guard for combat must align with the outlined legal criteria.

Summary

Senate Bill 38, known as the Defend the Guard Act, addresses the conditions under which the Kansas National Guard can be deployed into active duty combat. The bill operates on the constitutional premise that only the U.S. Congress has the authority to declare war, as stipulated in Article I, Section 8 of the U.S. Constitution. The legislation asserts that the National Guard may not be released from the state into active combat unless there is an official declaration of war made by Congress or specific legal action that explicitly calls forth the Guard for defined purposes such as executing federal laws or responding to insurrections.

Contention

The potential implications of SB38 have fueled discussions surrounding state versus federal authority in military deployments. Proponents of the bill argue that it protects the rights of both the National Guard members and the state of Kansas by ensuring that only Congress can initiate combat actions. However, critics may view the bill as unnecessarily restrictive or as a challenge to the flexibility needed in responding to emergent military situations. The bill could generate contention regarding the balance of power between state and federal governments, especially in matters of defense and military readiness.