Missouri 2023 Regular Session

Missouri House Bill HB166

Introduced
1/4/23  

Caption

Establishes the Defend the Guard Act

Impact

The introduction of HB 166 has substantial implications for the current legal framework governing the National Guard's role in armed conflicts. By mandating congressional approval for deployment into combat, the bill aims to provide a check on executive power and aims to uphold the principles of state governance within military mobilization. Should this bill become law, it could establish a precedent that enhances the role of state legislatures in national defense matters, notably in Missouri, as well as influence similar legislative initiatives in other states. The law would protect Missouri's armed forces from being used in military actions without proper federal authorization.

Summary

House Bill 166, known as the Defend the Guard Act, aims to establish provisions that restrict the deployment of the Missouri National Guard into active duty combat unless there is an official declaration of war by the United States Congress. The bill outlines specific conditions in which National Guard members may be mobilized, emphasizing the requirement of congressional authorization for combat operations. This legislative effort seeks to reinforce state oversight over the deployment of the National Guard, ensuring that local authorities maintain significant control in situations of armed conflict.

Sentiment

The sentiment surrounding HB 166 appears to be generally supportive among advocates for military oversight and state rights, who view it as a necessary step to balance state and federal powers regarding military deployment. However, there may be opposition from those who believe that such a law could hinder the state’s ability to respond rapidly to emergencies and conflicts. The debate likely centers on differing views about the necessity and effectiveness of continuous congressional oversight in matters of national defense and the traditional role of state governors in commanding the National Guard.

Contention

Notable points of contention include the potential impact on the responsiveness and effectiveness of the National Guard in crisis situations. Critics might argue that the requirement for congressional declaration could slow down deployment in urgent scenarios, which could endanger lives. Moreover, the bill could lead to tensions between state and federal government authorities, as it directly challenges existing norms that grant governors broad powers to deploy forces as they see fit. Thus, the implementation of this legislation could provoke significant legal and political debates regarding the balance of power between state governance and federal military authority.

Companion Bills

No companion bills found.

Previously Filed As

MO HB2098

Establishes the Defend the Guard Act

MO HB1521

Establishes the "Defend the Guard Act"

MO HB1228

Establishes the "Defend the Guard Act"

MO SF1072

Defend the Guard Act establishment

MO SF764

Defend the Guard Act establishment

MO HF1782

Defend the Guard Act established.

MO SB468

Establishing WV Defend the Guard Act

MO SB868

Defending Our Defenders Act

MO HB2390

Establishes provisions relating to the release of a defendant

MO SB1075

Incompetent defendant; guardian appointment; costs

Similar Bills

No similar bills found.