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H.355 1
Introduced by Representative Headrick of Burlington 2
Referred to Committee on 3
Date: 4
Subject: Internal security and public safety; National Guard; federal duty 5
Statement of purpose of bill as introduced: This bill proposes to require the 6
Governor to review every order to place a unit of the Vermont National Guard 7
in federal active duty status for service in a military conflict to determine 8
whether that order was issued in conformance with the requirements of the 9
U.S. Constitution. 10
An act relating to review of orders placing the Vermont National Guard in 11
federal active duty status 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
Sec. 1. SHORT TITLE 14
This act may be cited as the “Vermont Defend the Guard Act”. 15
Sec. 2. FINDINGS 16
The General Assembly finds that: 17
(1) Under Article I, Section 8 of the U.S. Constitution, Congress 18
possesses the express authority to declare war, ensuring a system of checks and 19
balances. 20 BILL AS INTRODUCED H.355
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(2) The Vermont National Guard plays a unique dual role, serving both 1
the State and federal functions, with State authority during peace time retained 2
under Title 32 of the United States Code. 3
(3) The federal government has increasingly circumvented 4
Congressional authority, engaging the National Guard units in combat 5
operations without formal Congressional declaration of war, undermining 6
constitutional principles. 7
(4) Vermont retains authority over its militia as a safeguard against 8
federal overreach, consistent with the 10th Amendment to the U.S. 9
Constitution. 10
(5) This act seeks to ensure Vermont’s Guard members are deployed in 11
accordance with constitutional requirements, preserving their safety and the 12
integrity of the law. 13
Sec. 3. 20 V.S.A. chapter 21 is amended to read: 14
CHAPTER 21. GENERAL PROVISIONS 15
* * * 16
§ 370. REVIEW OF FEDERAL ORDERS; AUTHORITY 17
For purposes of this chapter: 18
(1) “Active duty combat” means performing the following services 19
under federal active duty: 20
(A) participation in an armed conflict; 21 BILL AS INTRODUCED H.355
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(B) performance of hazardous services relating to an armed conflict 1
in a foreign state; and 2
(C) duties performed using instruments of war. 3
(2) “Official declaration of war” means a formal declaration of war 4
issued pursuant to Article I, Section 8 of the U.S. Constitution. 5
§ 371. REVIEW OF FEDERAL ORDERS; AUTHORITY 6
(a) The Governor shall not release the Vermont National Guard into active 7
duty combat unless the U.S. Congress has passed an official declaration of war 8
or has explicitly called forth the Vermont National Guard pursuant to Article I, 9
Section 8, Clause 15 of the U.S. Constitution for one of the following 10
purposes: 11
(1) repelling a military invasion of the United States; 12
(2) suppressing an insurrection; or 13
(3) executing the laws of the United States, provided that the laws were 14
enacted consistent with the provisions of the U.S. Constitution. 15
(b) The Governor shall review all orders that place any unit of the Vermont 16
National Guard on federal active duty status to determine if it is consistent with 17
the requirements of subsection (a) of this section. If the Governor determines 18
that the order is not consistent with the requirements of subsection (a) of this 19
section, the Governor shall take all necessary and appropriate actions to 20
prevent the Vermont National Guard from being placed on federal active duty. 21 BILL AS INTRODUCED H.355
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(c) Within 10 business days after completing a review pursuant to 1
subsection (b) of this section, the Governor shall notify the General Assembly 2
of the receipt of the federal deployment directive and the Governor’s 3
determination. The report shall summarize the federal directive and its scope 4
and shall explain the Governor’s review process for determining the directive’s 5
legality and constitutionality. 6
(d) This section shall not be construed to: 7
(1) prohibit the Governor from consenting to deployment of the 8
Vermont National Guard for domestic missions under Title 32 of the United 9
States Code, including disaster response and homeland security; or 10
(2) limit the authority of the Vermont National Guard to engage in 11
training missions or humanitarian deployments outside the United States. 12
Sec. 4. IMPLEMENTATION AND COMPLIANCE 13
The Governor shall take all necessary steps to ensure compliance with this 14
act, including rejecting federal orders for deployment into active duty combat 15
unless the criteria established in this act are met. Any order conflicting with 16
this act shall be deemed invalid and unenforceable under Vermont law. 17
Sec. 5. EFFECTIVE DATE 18
This act shall take effect on July 1, 2025. 19