Minnesota Senate Bill SF764

Minnesota 2025-2026 Regular Session

• Introduced: 1/30/25
• Refer: 1/30/25

Caption

Defend the Guard Act establishment

Impact

If enacted, the Defend the Guard Act would significantly impact state laws surrounding the military and the National Guard's operational authority. By formalizing the requirement for a Congressional declaration prior to deployment into combat, the bill aims to safeguard the rights and responsibilities of Minnesota's military personnel while preserving state sovereignty over local National Guard activities. This change is viewed as a proactive measure that emphasizes legislative accountability and transparency in military affairs.

Summary

Senate File 764, known as the Defend the Guard Act, aims to regulate the deployment of the Minnesota National Guard in active duty combat situations. The bill stipulates that personnel from the Minnesota National Guard may not be released into active duty combat unless Congress has formally declared war or authorized deployment for a specific duty. This measure seeks to ensure that state military forces are not deployed without proper legislative oversight and an official declaration from the federal government, aligning state and federal military participation protocols in armed conflicts.

Contention

The deliberations concerning SF764 may revolve around the tension between federal military obligations and state control. Supporters argue that the bill would prevent unlawful or premature military engagements, protecting the rights of National Guard members and ensuring that any military action is backed by legislative action. Critics, on the other hand, may express concerns that such restrictions could hamper the state’s ability to respond promptly to emerging threats and crises, ultimately undermining national security efforts.