Maryland House Bill HB220

Maryland 2023 Regular Session

• Introduced: 1/23/23
• Refer: 1/23/23

Caption

Public Safety - Militia - Active Duty Combat (Maryland Defend Our Guard Act)

Impact

If enacted, HB 220 will prohibit the governor from deploying the militia into active combat except in scenarios where the U.S. Congress has formally declared war or called upon the state militia to act. The bill allows the governor to still deploy the militia for other emergencies or functions not classified as combat, thereby maintaining state-level emergency response capabilities without undermining federal legislative authority regarding military engagement.

Summary

House Bill 220, known as the Maryland Defend Our Guard Act, aims to regulate the circumstances under which the governor can order the militia into active duty combat. The primary intent of this legislation is to ensure that such orders are contingent upon an official declaration of war or other official actions taken by the U.S. Congress, reflecting a significant shift in the balance of military authority between state and federal levels. This proposal arises from concerns about the misuse of state military forces in conflicts without explicit congressional approval.

Contention

The bill is likely to generate debate regarding state sovereignty and military authority. Supporters argue that it serves to prevent unwarranted military actions by ensuring that any engagement in combat adheres to constitutional requirements, promoting accountability and aligning military actions with congressional oversight. Opponents may argue that such restrictions could hinder swift responses to crises and emergencies, where decisive action may be necessary. As this bill touches on principles of federalism, its passage could provoke discussions around the proper scope of executive power in military decisions.