HCR 16 – AS INTRODUCED
2008 SESSION
09/01
HOUSE CONCURRENT RESOLUTION 16
A RESOLUTION urging Congress to rescind a law allowing the President to exercise federal control over the state national guard without consent of the governor.
SPONSORS: Rep. Daniels, Hills 6
COMMITTEE: State-Federal Relations and Veterans Affairs
This house concurrent resolution urges Congress to rescind a law allowing the President to exercise federal control over the state national guard without consent of the governor.
08-2400
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
A RESOLUTION urging Congress to rescind a law allowing the President to exercise federal control over the state national guard without consent of the governor.
Whereas, the New Hampshire national guard has served New Hampshire well and faithfully since territorial times; and
Whereas, the 2,700 men and women of the New Hampshire air and army national guard continue to serve our state and nation, at home and abroad; and
Whereas, the national guard supports civil authorities in a multitude of ways that are particular to our local communities and to our state and region; and
Whereas, the Militia clause of the United States Constitution guarantees to each state the right to maintain an organized militia (the National Guard) for the protection and defense of its citizens; and
Whereas, the national guard plans, trains, and exercises with local, state, and federal officials to provide relief under the governor’s control during emergencies and disasters that may befall the state of New Hampshire or any other state; and
Whereas, state control of the guard in the event of such emergencies is critical to execution of the National Response Plan (NRP), New Hampshire emergency management plans, city and county emergency plans, and all intrastate and interstate mutual aid arrangements such as the Emergency Management Assistance Compact (EMAC); and
Whereas, placing the New Hampshire national guard under federal control without the consent of the governor would undermine the guard’s effectiveness and deprive the state of New Hampshire of the ability to perform its most essential function, the protection of its own citizens; and
Whereas, section 1076 of the John Warner National Defense Authorization Act of 2007 (P.L. 109-364) was adopted without any public hearing and improvidently amended the federal Insurrection Act by authorizing the President to impose federal control over the national guard, without notice, consultation, or consent of the governor, in the event of a “natural disaster, epidemic or other serious public emergency, terrorist attack or incident;” and
Whereas, the unilateral Presidential authority conferred by section 1076 of P.L. 109-364 is similarly devoid of any required consultation or consent of the Congress; and
Whereas, the provisions of section 1076 of P.L. 109-364 were signed into law despite the opposition of the nation’s governors acting on behalf of their respective sovereign states; and
Whereas, imposing Presidential control over the National Guard for domestic purposes without the governor’s consent would negate the unity of local, state, and federal effort needed in times of domestic peril and would undermine the speed and efficiency with which the national guard responds, under the governor’s control, to emergencies within the state of New Hampshire and in support of other states through state-to-state mutual aid agreements such as EMAC; and
Whereas, S.513 and HR 869, if enacted into law, will rescind the objectionable provisions of section 1076 of P.L. 109-364; now, therefore, be it
Resolved by the House of Representatives, the Senate concurring:
That the New Hampshire general court respectfully urges the Congress to swiftly pass and the President to sign into law S.513 and HR 869; and
That copies of this resolution be sent by the house clerk to the Honorable George W. Bush, President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and each member of the New Hampshire congressional delegation.