Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 207

as introduced - 92nd Legislature (2021 - 2022) Posted on 01/21/2021 12:58pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14
2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 3.1 3.2

A bill for an act
relating to military affairs; restricting when the governor may release the National
Guard to federal active duty; proposing coding for new law in Minnesota Statutes,
chapter 190.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text beginNATIONAL GUARD FEDERALIZATION; FINDINGS.
new text end

new text begin The legislature finds that:
new text end

new text begin (1) Article I, Section 8 of the Constitution of the United States vests in the United States
Congress the exclusive power of war;
new text end

new text begin (2) in spite of the clear language of the United States Constitution, vesting the power
over war exclusively in the United States Congress, the United States Executive Branch
has unconstitutionally assumed that power while the United States Congress has abdicated
its constitutional duty;
new text end

new text begin (3) although the United States Congress has not declared war in over 70 years, the nation
has since gone to war repeatedly at the whim of the executive branch;
new text end

new text begin (4) when such unconstitutional actions are taken by the federal government, it is the
proper role of the states themselves to take action to remedy such situations, as outlined in
the Kentucky and Virginia Resolutions of 1798;
new text end

new text begin (5) a founder of this country, George Washington, once wrote: "The Constitution vests
the power of declaring war in Congress; therefore, no offensive expedition of importance
can be undertaken until after they shall have deliberated upon the subject and authorized
such a measure";
new text end

new text begin (6) the Father of the Constitution, James Madison, once wrote: "The Constitution
supposes, what the History of all Governments demonstrates, that the Executive is the branch
of power most interested in war, and most prone to it. It has accordingly with studied care
vested the question of war to the Legislature";
new text end

new text begin (7) the author of the Declaration of Independence, Thomas Jefferson, once wrote: "We
have already given in example one effectual check to the dog of war by transferring the
power of letting him loose from the Executive to the Legislative body. . ." and "Considering
that Congress alone is constitutionally invested with the power of changing our condition
from peace to war, I have thought it my duty to await their authority for using force in any
degree which could be avoided"; and
new text end

new text begin (8) another Constitutional framer, Alexander Hamilton, once wrote: "The Congress shall
have the power to declare war; the plain meaning of which is, that it is the peculiar and
exclusive duty of Congress, when the nation is at peace, to change that state into a state of
war. . ."
new text end

Sec. 2.

new text begin [190.035] NATIONAL GUARD FEDERALIZATION.
new text end

new text begin Subdivision 1. new text end

new text begin Short title. new text end

new text begin This section shall be known and may be cited as the "Defend
the Guard Act."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section:
new text end

new text begin (1) "active duty combat" means performing the following services in the active federal
military service of the United States:
new text end

new text begin (i) participation in an armed conflict;
new text end

new text begin (ii) performance of a hazardous service in a foreign state; or
new text end

new text begin (iii) performance of a duty through an instrumentality of war; and
new text end

new text begin (2) "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.
new text end

new text begin Subd. 3. new text end

new text begin Federalization; official declaration of war required. new text end

new text begin Notwithstanding any
other provision of law, the Minnesota National Guard and any member of the Minnesota
National Guard 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 Minnesota National Guard and any member of the Minnesota National Guard
for the enumerated purposes to expressly execute the laws of the union, repel an invasion,
or suppress an insurrection. The governor shall take all actions necessary to comply with
the requirements of this section.
new text end