The Defend the Guard bill is state-based legislation that prevents the National Guard from being deployed into foreign wars unless Congress has first declared war. It leverages the 10th Amendment to ensure that National Guard troops from states like Tennessee, Texas, Florida, and Idaho are not sent into combat without congressional approval. The bill aims to hold Congress accountable for declaring war, which hasn’t been done since 1942.
The National Guard constitutes 58% of the active-duty military troops in Syria today, highlighting their extensive involvement in foreign conflicts. This deployment occurs without a formal declaration of war by Congress, which undermines constitutional processes and places National Guard members in harm’s way without proper legislative oversight.
The bill has been introduced in over 30 states and has passed the Idaho Senate, the Arizona Senate twice, and the New Hampshire House. It received 1.869 million votes in Texas during the 2024 Republican primary, with 83% support. It is also part of seven state GOP party platforms. While it hasn’t been signed into law yet, it is expected to reach the desks of governors in Arizona and Idaho this year.
The War Powers Act, enacted under Nixon, allows the president to initiate military action without a formal declaration of war. This conflicts with the Defend the Guard bill, which insists on a congressional declaration of war before deploying National Guard troops. Critics argue the War Powers Act provides sufficient authority, but proponents of the bill believe it undermines constitutional checks and balances.
Pete Hegseth, a nominee for Secretary of Defense, supports the Defend the Guard bill. He endorsed it on Fox and Friends and agrees that if war is necessary, Congress should debate and declare it formally. Hegseth advocates for a military focused on winning conflicts decisively and returning home, rather than engaging in nation-building or regime-change wars.
Colonel Douglas McGregor proposes streamlining and modernizing the military to make it more effective and cost-efficient. His plan, outlined in 'Taming the Warfare State,' suggests cutting $500 billion from the defense budget by focusing on drone technology and reducing reliance on outdated systems like the M1 Abrams tank. He emphasizes prioritizing actual threats to the U.S. homeland and interests.
Grassroots activism is crucial for advancing the Defend the Guard bill. Organizations like Bring Our Troops Home recruit and train activists to pressure legislators during both legislative and election seasons. They have successfully removed officials who opposed the bill and continue to mobilize supporters to testify, make calls, and advocate for the legislation in over 30 states.
The 2001 and 2003 Authorizations for Use of Military Force (AUMFs) provide blanket authority to pursue terrorists globally without time or geographic limits. These AUMFs have been used to justify military actions in 17 countries, including undeclared wars in Yemen and deployments in the Congo. Critics argue they enable endless wars and empire-building without proper congressional oversight.
David Gornoski sits down with Sgt. Dan McKnight for a conversation on the Defend the Guard bill, whether DOGE can turn foreign policy around, Pete Hegseth as secretary of defense, and more.
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