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Defend the Guard Legislation would require that a State's National Guard units cannot be deployed to long term combat duty overseas unless congress has declared war, as provided by the U.S. Constitution.

Force Congress to do their job, before asking American's fighting men and women to do ours. Force politicians to put their names on the line, before we put our boots on the ground.

A PROJECT OF

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National Guard units cannot be deployed to long-term combat duty overseas.

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ACLU ENDORSES DEFEND THE GUARD!

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West Virginia Legislature

House Bill 2732

View the Bill

Our Goals

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1

Increase public awareness that the states and their voters have a role in deciding when our sons and daughters go to war.

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2

Pass "Defend the Guard" legislation in a requisite number of states to compel Congress, out of military necessity, to reassert its authority under the U.S. Constitution and take charge of when, where, and how our nation goes to war.

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3

Return to a constitutional foreign policy of a limited-government republic by bringing our troops home, ending our endless wars, and only using military force when required to protect the lives, liberty, and property of Americans.

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Mission

The goal of "Defend the Guard," a project of BringOurTroopsHome.US, is to have states reassert their Tenth Amendment rights under the U.S. Constitution and provide a necessary check on the federal government's use of military force as a tool of U.S. foreign policy.

State legislators have an essential, civic obligation to their voters to demand that the federal government adhere to congressional wars powers as mandated by Article I, Section 8 of the U.S. Constitution. Without an official declaration of war by the U.S. Congress, states have a duty to withhold their troops from active combat.

The sole objective of "Defend the Guard" is to obligate the federal government to obey the U.S. Constitution before sending our sons and daughters to fight more endless wars.

Our Faq's

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Under our system of federalism, the role of states is grounded in the Tenth Amendment to the U.S. Constitution. It affirms that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” It was the intent of the Founding Fathers that the states could and should weigh in on significant matters of policy. 

"Defend the Guard" legislation does not nullify federal law. It only obligates the federal government to follow what is already federal law — Congress' duty to declare war — as outlined in Article I, Section 8 of the U.S. Constitution.

By passing "Defend the Guard" legislation, state governments can block the use of their National Guard units from being deployed into active combat overseas unless such action has been sanctioned by a formal declaration of war by the U.S. Congress. 

Over 45% of the soldiers deployed in the Global War on Terror have been National Guardsmen. By withholding this resource of manpower, states can obligate the federal government to reign in its endless wars and ensure that the U.S. Constitution is followed.

The enactment of an AUMF is a shameful political dodge that defers ultimate decision-making to the Executive branch. By abdicating their responsibility, Congress is refusing to exercise its duty under the U.S. Constitution. 

Under "Defend the Guard" legislation, an open-ended AUMF is not considered to be an Article I declaration of war.

Yes.

"Defend the Guard" legislation, to prevent the deployment of National Guard units into active combat absent a formal declaration of war by Congress, was first introduced in 2015 in the West Virginia House of Delegates by Pat McGeehan (R-Hancock) and has been introduced in that chamber every year since. Del. McGeehan, who formulated the concept of "Defend the Guard," is a graduate of the U.S. Air Force Academy and served as an Air Force Intelligence officer across the Middle East.

In 2019, a motion to bring the legislation from committee to the House floor for final action received bipartisan majority support. However, the Speaker of the House refused to bring the bill up for a final vote, and it died when the Legislature adjourned later that year. 

In 2020, "Defend the Guard" received a tied vote on the House floor, 50-50. The bill was adjourned sine die due to the onset of the COVID-19 pandemic.

In the News

September 14, 2021
New Normal? How the Guard Is Fighting Worsening Natural Disasters Amid Deployments
New Normal? How the Guard Is Fighting Worsening Natural Disasters Amid Deployments
  • by:
  • 09/14/2021

As natural disasters and emergencies increasingly occur at home, the Military Times examines how deploying National Guard units overseas into combat is effecting our readiness.

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August 05, 2021
Ep. 1944 Defend the Guard Against the Feds, with Scott Horton and Dan McKnight
Ep. 1944 Defend the Guard Against the Feds, with Scott Horton and Dan McKnight
  • by:
  • 08/05/2021

Scott Horton, filling in for a recovering Tom Woods, talks to Dan McKnight about the end of the Afghan War and our organization's work to pass "Defend the Guard" legislation in the states.

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August 02, 2021
Dave Smith and Michael Malice Discuss
Dave Smith and Michael Malice Discuss "Defend the Guard"
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  • 08/02/2021

Following FreedomFest 2021, Dave Smith discussed his interactions with Sen. Cynthia Lummis (R-WY), Tyler Lindholm, and his continued support for "Defend the Guard" legislation on his show Part of the Problem and Michael Malice's YOUR WELCOME.

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