2009 SESSION
09/10
HOUSE CONCURRENT RESOLUTION 8
A RESOLUTION urging the President and Secretary of Defense to withdraw all New Hampshire national guard troops from Iraq in the absence of a valid and subsisting Congressional mandate for such service, and withholding the consent of the governor and New Hampshire state legislature from any further deployment of the New Hampshire national guard to Iraq in the absence of such mandate.
SPONSORS: Rep. Weed, Ches 3; Rep. K. Roberts, Ches 3; Rep. Splaine, Rock 16
COMMITTEE: State-Federal Relations and Veterans Affairs
This house concurrent resolution urges the President and Secretary of Defense to withdraw all New Hampshire national guard troops from Iraq in the absence of a valid and subsisting Congressional mandate for such service, and withholds the consent of the governor and New Hampshire state legislature from any further deployment of the New Hampshire national guard to Iraq in the absence of such mandate.
09-0405
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
A RESOLUTION urging the President and Secretary of Defense to withdraw all New Hampshire national guard troops from Iraq in the absence of a valid and subsisting Congressional mandate for such service and withholding the consent of the governor and New Hampshire state legislature from any further deployment of the New Hampshire national guard to Iraq in the absence of such mandate.
Whereas, the war in Iraq has entered its sixth year, resulting in the deaths of over 4,000 American service men and women, and the cost of the war now exceeds $1.3 trillion, $16,500 for each American family of 4, and continues to rise; and
Whereas, the impacts of the federalization of New Hampshire national guard units has been significant, and even if such adverse impacts on the New Hampshire national guard were absent, and assuming arguendo that the war was lawful when commenced, the presence of the national guard members in Iraq is not now lawful. Under Article I, Section 8, Clause 15 of the United States Constitution, Congress may call forth the militia to execute the laws of the union, suppress insurrection, and repel invasions; and
Whereas, since 1933, federal law has provided that persons enlisting in a state National Guard unit simultaneously enlist in the National Guard of the United States, part of the United States Army. The enlistees retain their status as state guard members unless and until ordered to active federal duty and then revert to state status upon being relieved from federal service; and
Whereas, under the United States Constitution, each state's National Guard unit is controlled by the governor, but can be called up for federal duty by the President, provided that the President is acting pursuant to the Constitution and laws of the United States; and
Whereas, the War Powers Act of 1973 (Public Law 93-148) specifically limits the power of the President of the United States to wage war without the approval of Congress; and
Whereas, in October 2002, the United States Congress authorized military force under the Authorization for the Use of Military Force Against Iraq, (Public Law No. 107-243) (AUMF), a law enacted in response to a presidential request under the War Powers Act. The AUMF stated in part that the President is authorized to use the armed forces of the United States as he or she determines to be necessary and appropriate in order to defend the national security of the United States against the continuing threat posed by Iraq and enforce all relevant United Nations Security Council Resolutions regarding Iraq; and
Whereas, the AUMF contained neither a termination date, nor a process or procedure to determine when the authorization should terminate; and
Whereas, United States forces, including members of the New Hampshire national guard and guard members from other states, have long since addressed the purposes recited under the AUMF, and Iraq does not pose a continuing threat to the national security of the United States, nor is there an extant United Nations Security Council Resolution to be enforced; and
Whereas, the President may not maintain United States forces, and in particular members of the New Hampshire national guard, in Iraq other than for the purposes set forth by Congress in the AUMF. Without a specific date for withdrawal of United States forces from Iraq in the AUMF or a method or formula for determining the time for withdrawal, and in the absence of Congressional legislation curing these omissions, the President is required to order the withdrawal of troops within a reasonable time and in a reasonable manner. The President has taken no such action; and
Whereas, other than the AUMF, there is no authority under the Constitution or the laws of the United States for the continued presence of New Hampshire national guard members in Iraq; and
Whereas, the maintenance of New Hampshire national guard members in Iraq beyond the time and scope set forth in the AUMF has resulted in significant harm to national guard members and their families, including death and injury, loss of time together, and financial hardships; now, therefore, be it
Resolved by the House of Representatives, the Senate concurring:
That the governor and legislature of the state of New Hampshire declare that the Congressional Authorization for the Use of Military Force of October 16, 2002 has expired and no further authorization has issued, and therefore the President is urged to order the return of the New Hampshire national guard; and
That the governor and legislature resolve that the New Hampshire national guard shall hereafter be limited to service within and on behalf of the state of New Hampshire, unless called into federal service pursuant to a declaration of war or a duly enacted and subsisting federal statute authorizing the use of military force; and
That the New Hampshire attorney general is authorized to appear in any state or federal court with jurisdiction over the deployment of the New Hampshire national guard to defend any decision to consent, or not consent, to the deployment of the New Hampshire national guard to Iraq; or to file an action on behalf of the state of New Hampshire with respect to the same subject matter; and
That copies of this resolution be transmitted by the house clerk to the President, the Secretary of Defense, and the New Hampshire congressional delegation.