SB1367 would prevent the National Guard of Arizona from being deployed for active duty combat unless the Congress has passed an official declaration of war or taken another official constitutional action.
The Senate passed SB1367 on March 21, 2023, by a vote of 16 to 13. We have assigned pluses to the ayes because Article I, Section 8, of the U.S. Constitution expressly asserts that “Congress,” not the President, “shall have power…to provide for the common defence.” Only Congress, as explained and limited by succeeding Clauses 11, 12, and 15, is granted the specified powers to “declare war,” “raise and support Armies,” and “provide for calling forth the Militia.”