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| 2 | 2 | | SENATE DOCKET, NO. 1117 FILED ON: 1/15/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2471 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Patricia D. Jehlen |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act prohibiting the Massachusetts National Guard from being deployed into active combat |
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| 13 | 13 | | without a formal declaration of war by congress. |
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| 14 | 14 | | _______________ |
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| 15 | 15 | | PETITION OF: |
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| 16 | 16 | | NAME:DISTRICT/ADDRESS :Patricia D. JehlenSecond Middlesex 1 of 2 |
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| 17 | 17 | | SENATE DOCKET, NO. 1117 FILED ON: 1/15/2025 |
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| 18 | 18 | | SENATE . . . . . . . . . . . . . . No. 2471 |
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| 19 | 19 | | By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 2471) of Patricia D. Jehlen for |
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| 20 | 20 | | legislation to prohibit the Massachusetts National Guard from being deployed into active combat |
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| 21 | 21 | | without a formal declaration of war by congress. Veterans and Federal Affairs. |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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| 25 | 25 | | (2025-2026) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act prohibiting the Massachusetts National Guard from being deployed into active combat |
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| 28 | 28 | | without a formal declaration of war by congress. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1. Chapter 33 of the Massachusetts General Laws, as appearing in the 2022 |
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| 32 | 32 | | 2Official Edition, is hereby amended by inserting after Section 139 the following new section:- |
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| 33 | 33 | | 3 Section 140 |
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| 34 | 34 | | 4 a) As used in this section, the following words and phrases shall have the following |
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| 35 | 35 | | 5meanings unless the context clearly requires otherwise: |
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| 36 | 36 | | 6 “Active-duty combat” is performing the following services in the active federal military |
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| 37 | 37 | | 7service of the United States: participation in an armed conflict; performance of a hazardous |
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| 38 | 38 | | 8service in a foreign state; or performance of a duty through an instrumentality of war. |
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| 39 | 39 | | 9 “Official declaration of war” is an official declaration of war made by the United States |
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| 40 | 40 | | 10Congress pursuant to Article I, § 8, Clause 11 of the United States Constitution. 2 of 2 |
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| 41 | 41 | | 11 b) Notwithstanding any other provision of the General Laws, the Massachusetts National |
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| 42 | 42 | | 12Guard and any member thereof shall not be released from the state into active duty combat |
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| 43 | 43 | | 13unless the United States Congress has passed an official declaration of war or has taken an |
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| 44 | 44 | | 14official action pursuant to Article I, § 8, Clause 15 of the United States Constitution to explicitly |
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| 45 | 45 | | 15call forth the Massachusetts National Guard and any member thereof for the enumerated |
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| 46 | 46 | | 16purposes to expressly execute the laws of the union, repel an invasion or suppress an |
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| 47 | 47 | | 17insurrection. The Governor shall take all actions necessary to comply with the requirements of |
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| 48 | 48 | | 18this section. |
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| 49 | 49 | | 19 SECTION 2. Section 1 shall become effective immediately upon passage. |
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