Michigan 2023-2024 Regular Session

Michigan Senate Bill SB0642

Introduced
11/8/23  

Caption

Military affairs: other; release of the Michigan National Guard into active duty combat without an official act of Congress; prohibit. Amends 1967 PA 150 (MCL 32.501 - 32.851) by adding sec. 203.

Impact

The passage of SB0642 would reinforce the authority of the Michigan state government over the deployment of its National Guard troops, aligning state law with constitutional requirements for declaring war and mobilizing military forces. This act would effectively limit the Governor's power to act unilaterally in sending National Guard troops into combat situations, emphasizing the role of Congress in military engagement decisions. It could set a legal precedent for similar laws in other states seeking to reclaim control over their military personnel.

Summary

Senate Bill 642, known as the 'Defend the Guard Act', amends the Michigan Military Act of 1967 to establish strict conditions under which the Michigan National Guard can be deployed into active duty combat. The bill stipulates that no member of the National Guard shall be released from Michigan into active combat unless there is an official declaration of war by the United States Congress or an explicit call to duty under constitutional provisions. This measure aims to ensure state control over military deployment and prevent unauthorized engagement in military conflicts without legislative approval.

Contention

The bill has sparked discussions among legislators and advocacy groups concerning the implications for national security and military readiness. Proponents argue that this legislation protects state sovereignty and ensures that local forces are not deployed without appropriate oversight from the national legislature. Critics, however, express concern that such restrictions could hinder timely military response in emergencies, potentially jeopardizing not only state interests but also contributing to broader national security vulnerabilities. The debate reflects the ongoing tension between state and federal authority in military matters.

Companion Bills

No companion bills found.

Previously Filed As

MI HB4336

Military affairs: other; release of the Michigan National Guard into active duty combat without an official act of Congress; prohibit. Amends 1967 PA 150 (MCL 32.501 - 32.851) by adding sec. 203.

MI HB4163

Military affairs: other; release of the Michigan national guard into active duty combat without an official act of Congress; prohibit. Amends 1967 PA 150 (MCL 32.501 - 32.851) by adding sec. 203. TIE BAR WITH: HB 4164'25

MI HB4164

Military affairs: other; release of the Michigan National Guard into active duty combat without an official act of Congress; add related definitions. Amends 1967 PA 150 (MCL 32.501 - 32.851) by adding sec. 203a.

MI HB404

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

MI HB527

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

MI HB1056

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

MI H7389

Requires an official declaration of war or an action to call forth the state militia by the United States Congress before members of the National Guard may be released from state control to participate in active duty combat.

MI H5378

Requires an official declaration of war or an action to call forth the state militia by the United States Congress before members of the National Guard may be released from state control to participate in active duty combat.

MI SB38

Creating the defend the guard act to establish when the Kansas national guard may be released into active duty combat.

MI HB2249

Creating the defend the guard act to establish when the Kansas national guard may be released into active duty combat.

Similar Bills

No similar bills found.