S1252 establishes the “Defend the Guard Act,” which prohibits the Idaho National Guard from being mobilized for active duty combat unless Congress has passed an official declaration of war or taken another official constitutional action.
The Senate passed S1252 on March 4, 2024, by a vote of 27 to 8. 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.”