Through efforts of Bring Our Troops Home, nearly two dozen states are considering “Defend the Guard” legislation to prevent the foreign use of state National Guard troops without a declaration of war by Congress, reports Maine State Senator Eric Brakey in a piece written for Responsible Statecraft. Sen. Brakey is a sponsor of the Defend the Guard legislation in Maine (L.D. 1054).
He argues that the forever wars, and the use of the National Guard in them, are unconstitutional. Article I, Section 8 of the Constitution gives Congress the sole power to declare war. And it gives Congress authority to call state guardsmen into action only in three circumstances — to repel invasion, suppress insurrection, and enforce the laws of the nation — none of which can be said to be accomplished by sending guard members to Syria.
Defend the Guard legislation passed the Arizona State Senate a few weeks ago.
