Maryland House Bill HB273

Maryland 2022 Regular Session

• Introduced: 1/13/22
• Refer: 1/13/22

Caption

Public Safety - Militia - Active Duty Combat

Impact

The implications of HB 273 on state law are significant as they aim to limit the authority of the Governor in circumstances that may lead to involvement in combat, reinforcing a system of checks and balances. By requiring congressional action for the militia's deployment in active combat, the bill underscores the necessity for higher oversight in matters of military engagement, thereby promoting a more structured approach towards state-level military involvement.

Summary

House Bill 273 addresses the powers of the Governor concerning the ordering of the militia into active duty combat. Specifically, it prohibits the Governor from making such orders unless there is an official declaration of war by the U.S. Congress or certain specific actions taken by Congress. This bill thereby seeks to define the terms under which the militia can be engaged in combat scenarios as part of its duties, aligning state militia operations with federal statutes governing military powers.

Contention

Notable points of contention surrounding HB 273 include concerns over the potential limits this bill places on immediate state responses to crises. Critics may argue that imposing such restrictions could hamper the ability of state officials to act swiftly in emergencies that do not meet the federal definition of an official declaration of war. Supporters, however, maintain that it is crucial for maintaining the integrity of military mobilization powers and ensuring that the state's military forces are not deployed without legislative approval.