Montana 2023 Regular Session

Montana Senate Bill SB560

Introduced
3/28/23  

Caption

Establish the Defend the Montana Guard Act

Impact

If enacted, SB560 would significantly alter the deployment protocols for the Montana National Guard, ensuring that state soldiers cannot be sent into combat unless Congress formally declares war or takes specific actions that align with constitutional provisions. This would reaffirm the legislative role in matters of war and potentially limit the executive branch's ability to engage in military actions, promoting a check on the power of the presidency concerning military engagement.

Summary

Senate Bill 560, known as the 'Defend the Montana Guard Act', addresses the conditions under which members of the Montana National Guard may be deployed into active combat. The bill mandates that an official declaration of war or an explicit congressional action is required before any member of the Montana National Guard can be sent into active-duty combat. This legislation is rooted in the belief that the U.S. Constitution grants Congress the exclusive power to declare war, and aims to prevent the executive branch from deploying military forces without proper legislative approval.

Contention

The bill is likely to face debate, primarily around concerns regarding the balance of power between state and federal authorities. Advocates argue that the bill serves to uphold constitutional principles and protect state sovereignty, while critics may view it as an impractical restriction on military readiness and the ability to respond swiftly in emergencies. Additionally, there may be arguments regarding the timely congressional action required in a fast-evolving global security environment, which could affect the readiness and operational capabilities of the National Guard.

Companion Bills

No companion bills found.

Previously Filed As

MT HB527

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

MT SB468

Establishing WV Defend the Guard Act

MT HB2138

Defend the Guard Act

MT HB2155

Defend the Guard Act

MT HB2591

Defend the Guard Act

MT HB5278

Defend the Guard Act

MT HB2587

DEFEND THE GUARD ACT

MT HB1056

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

MT HF1782

Defend the Guard Act established.

MT SF764

Defend the Guard Act establishment

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