Revision: Dec. 12, 2022, 9:41 a.m.
2023 SESSION
23-0325.0
06/08
HOUSE BILL [bill number]
SPONSORS: [sponsors]
COMMITTEE: [committee]
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ANALYSIS
This bill limits the activation of the New Hampshire national guard to only those times where the United States Congress has passed an official action pursuant to Article I, Section 8 of the United States Constitution.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0325.0
06/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Declaration of Purpose. This act follows the principles that guided the writers of our inspired Constitution, embodied in the United States Constitution and the writings of the founders. Article I, Section 8 of the United States Constitution vests in the Congress the exclusive power to declare war, and by abdicating the war powers to the executive branch, the United States Congress has failed to follow the United States Constitution and the intent of the founders.
2 New Section; Department of Military Affairs and Veterans Services; Deploying National Guard Into Active National Service. Amend RSA 110-B by inserting after section 110-B:5 the following new section:
110-B:5-a Deploying National Guard Into Active National Service.
I. This section shall be known as the "Defend the Guard Act."
II. For the purposes of this section:
(a) “Active duty combat” means performing the following services in the active federal military service of the United States:
(1) Participation in an armed conflict;
(2) Performance of a hazardous service relating to an armed conflict in a foreign state; or
(3) Performance of a duty through an instrumentality of war.
(b) "Official declaration of war" means an official declaration of war made by the United States Congress pursuant to article I, section 8, clause 11 of the United States Constitution.
III. Notwithstanding any other provisions of New Hampshire law, the New Hampshire national guard and any member thereof shall not be released from the state into active duty combat unless the United States Congress has passed an official declaration of war or has taken an official action pursuant to Article I, Section 8, Clause 15 of the United States Constitution to explicitly call forth the New Hampshire national guard and any member thereof for the enumerated purposes to expressly execute the laws of the union, repel and invasion, or suppress an insurrection. The governor shall take all actions necessary to comply with the requirements of this section.
IV. Nothing in this section shall limit or prohibit the governor from consenting to the deployment of any New Hampshire national guard member on 32 U.S.C. section 904.
3 Effective Date. This act shall take effect 60 days after its passage.