Defend the Guard Act

| March 22, 2023

I am generally for less Government control, particularly when it comes to Federal Government.  I keep reading about this Defend the Guard movement and now wondering how it may cause unintended consequences.

(Boise, Idaho) – Yesterday the Arizona State Senate passed S.B. 1367, the Defend the Guard Act, in a 16-13 partisan vote. This bill would prohibit the deployment of the Arizona National Guard into active combat without a declaration of war by Congress, as required by Article I, Section 8 of the United States Constitution. The Arizona Senate has become the first state legislative chamber to pass the Defend the Guard Act.

A draft of S.B. 1367 can be read here. The Senate floor vote and debate can be watched here.

“If the president wants to use the Arizona National Guard to fight wars halfway across the world, then it can only be done after a majority of the people’s representatives vote to send them there. If Congress refuses to vote, then its a war the Arizona National Guard should not be fighting,” Senator Wendy Rogers (R-District 7) said in her closing speech. Ret. Lt. Col. Rogers is a twenty-year veteran of the U.S. Air Force and lead Senate sponsor of S.B. 1367.

“So proud of my friend Wendy Rogers,” tweeted Kari Lake, the Arizona Republican Party’s 2022 gubernatorial nominee, following announcement of the bill’s passage in the upper chamber.

“Yesterday was historic. Exactly twenty years and one day after the U.S. invasion of Iraq, the Arizona State Senate has passed legislation that will ensure their National Guard will never again participate in unconstitutional wars that Congress refuses to take accountability for,” explained Dan McKnight, Chairman of Bring Our Troops Home. “My team and I have laid the groundwork for four years to reach this point. We could not be more proud of all the Arizonans who called their legislators in support of the Defend the Guard Act. Through education we can move mountains and together end our endless wars.”

Their mission according to the website, Defend The Guard

 

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

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.

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.

This sounds interesting, just like the Convention of States did in the beginning.  I had to threaten legal action against that organization to take my name off the list of its veteran representatives.  I realized it was being led by the people who had hijacked the ‘Tea Party’ movement.   They make the NRA look like kids when it comes to aggressive fund raising.  In the end, they took a great movement and turned it into a marginalized mob.

Many of these causes sound good in the beginning, but seem to end with a group of loons capturing a Public Restroom in some remote location and expecting continued support.   As time goes by, there will be efforts to re-write history about the recent wars we were involved in.

It appears that too many people will not be told about planes flying into buildings or a tyrant shaking a gun over his head and promising the world that the streets of America will run red with their own blood.  There are many states that have Defend the Guard legislation pending.

I have made no decision on the matter… yet.

 

Category: Military issues, National Guard, Politics, Support the troops

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An Old Arty Sgt

So if you are in the AZ National Guard, a federal organization, and you stay for 20 + years, get a federal military retirement, you’re telling me that the state has control on where you go and not the federal government. Is that correct? Then let the state pay your salary and give you a retirement. Don’t claim military service if you’re not deployable under the direction of the President. National Guard troops deployed overseas in support of our active duty forces. Can’t handle it, get out.

USMC Steve

Except it is not a federal organization. It belongs to the respective state unless or until it is federalized.

SFC D

If organization belonged solely to respective states, they would not be trained or equipped by the US Army. Nor would the uniform carry the “US ARMY” tape. It would probably be more accurate to say the state’s National Guard units are federal, but on loan to the state.

Martinjmpr

Unless things have changed since I retired in 2005, every penny the National Guard gets comes from the Federal DoD budget, not the state. Salaries are paid by the Federal government for both full time (AGR) personnel (who are active duty military) and for IDT (weekend soldiers.) Even dual-status technicians (civilians during the week and drilling unit members on drill weekends) are Federal, not state, employees. Equipment is paid for by the Federal government, and so are maintenance costs. So unless AZ wants to start shouldering the considerable costs of keeping the AZNG units operating on state money alone, I don’t think this will work.

MarineDad61

Martinjmpr,
Not “every penny”, but a large chunk.
Includes hand-me-downs of used and sometimes outmoded
active duty vehicles, gear, and equipment.

Also, if I remember correctly…
the FINAL word and approval
on whether any National Guard unit can be activated
comes from the GOVERNOR of each and every state.

Also, if I remember correctly,
several (blue) states said
No Way Hose B
to President Bush between 2002-2004.

The comeback by any President and the NGB
is to threaten future federal budget to a state’s NG,
and to MOVE units to OTHER states.

MarineDad61

Note – For “Operation Desert Shield” in 1990,
Pennsylvania,
fielding 1 of the largest National Guard in the USA,
had a Democrat for a Governor in 1990,
who said “Yes, BUT” to President Bush,
approving activation of only 3 support companies.

MarineDad61’s luck, a member of 1 of these 3.

https://en.wikipedia.org/wiki/Bob_Casey_Sr.

CDR D

This SCOTUS decision seems pertinent to the issue. It seems to say Congress has the authority to override the Governors.

Perpich v. DOD :: 496 U.S. 334 (1990) :: Justia US Supreme Court Center

5JC

That is correct, the states have already lost that fight. Option 2 would be to offer the same benefits and similar training as the National Guard for the State Guard.

This will cost a lot of money. However, H.I. McDunnouogh will be much more likely to join the State Guard if he won’t ever have to go fight in Iraq, Syria or the Ukraine if he can get the same benefits. In fact they will probably have a waiting list.

SFC D

Sounds like AZ won’t be able to enforce this act. They’d be better off to organize a state militia, along the lines of what Texas has.

5JC

They have been trying for 20 years through various codes.

SFC D

I like the intent of this act, I’m all for holding our federal government accountable for their actions. I just have doubts about the efficacy and actual application. Especially with the current AZ Governor who is more concerned with ensuring illegal aliens get all the assistance she can provide. Just like that AZ senator (the fat bastard with the mustache) who shall not be named.

Daisy Cutter

There’s an awful lot of handholding depicted in those graphics. Just sayin’.

Roh-Dog

Good.

It’s high time States claw back at an unruly and corrupt centralized ‘authority’.

I’m sure this turd’ll have difficulty floating as the Feral Gubmint has a lot of ways to fuck you up, but this contest for adequate representation of, and alignment to, The Constitution will not be without bruises.

I pray no blood.

As to the Supreme Court, it looks like the many are Framers’ Intent proponents. Even if they take up a challenge and vote to strike this sovereign’s declaration: “Let’s see them enforce it”.

I f’ing heart this timeline!

no bill is good bill.png
Prior Service

If we had the relatively homogeneous government of even thirty years ago,I’d be okay with this action. However, I fear the day we need to take military action and can’t for the likes of Omar, AOC and Tlaib.

KoB

I am generally for less Government control, …” Testify! Aren’t we all! However, What we have heah, is “failure to communicate”…and virtue signaling at its finest.

News flash for ya, Guv…that whole “States Rights” thing got settled in favor of the Fed.gov back in 1865. The States have the right to do what the FEDdotGov lets them do, or the States suffer the consequences. Remember the states that didn’t want to do the fed.gov mandated Interstate Highway speed limits back yonder? The fedDOTgov said, OK…No 55 mph limit, then NO Fed.gov highway monies. Most of the states caved pretty quickly, the rest caved…eventually.

It’s called a National Guard for a reason. Yeah the local Armories are located in the respective states, and yeah, Guv.State has day to day control, but…when’s the last time that a State refused to allow the fedDOTgov to Federalize the State Troops? For some reason, 1861 rings a bell. And those states that did refuse were invaded, made war upon, massive destruction upon cities, wimmins, chill’rens, livestock, rolling stock, rails, bridges, and then under an Occupation Army with Bayonet Rule…for 10+ years.

“…adventurous abroad and despotic at home…” Ya called it Marse Robert. And here we are.

I’d kinda like to see the Military Forces of this Country do what they’re supposed to do…DEFEND THE COUNTRY! Starting with shutting down the borders would be a good start. Let that be part of that 2 week annual drill that NG/Reserve Troops do every year.

SFC D

With few exceptions, NG on the border hasn’t been successful beyond the optics (“Look! We’re securing the border!”). AZ has a few AGR slots where NG troops work the camera systems in dispatch. That’s been successful, as was the original wall construction (lots of NG engineer work there). Otherwise, it’s a drain on CBP personnel to train and supervise the troops, and there’s damn little the NG can actually do legally. Now, if you intend to secure the border by creating a free-fire zone…

KoB

“…secure the border by creating a free-fire zone…” Don’t toy with me, SFC D. Weapons free! Fire as Targets come into range of any/every weapon system. Look at all of the live fire training you could do. And other training. FOs calling in fire missions. The commo guys would get plenty of work. Sappers laying out minefields and such. Close in Air Support Missions. Tank/Brad Gunnery for the off-road vehicles that are used. Construction gangs placing signage warning what would happen if the line is crossed. Every MOS could be used in a realistic situation. We have spent TRILLIONS of $s to defend other places. Why not spend a paltry few billions to defend America?

I have Zero (0) problems with people that want to legally come into our Country and become Americans. How many War Hero Stories has Mason given us on ones that did exactly that? We have all been around the world in different countries. How many other places allow ILLEGAL entry and REWARD the ones that broke the law to get in? I’ll wait.

Martinjmpr

I also quibble with this: “without a declaration of war by Congress, as required by Article I, Section 8 of the United States Constitution.

Let’s be clear: Art 1 Section 8 gives Congress the POWER to declare war. It does not under any circumstances REQUIRE Congress to declare war.

Also an AUMF (authorization for use of military force) is the same thing as a declaration of war. There is no specific language required by the constitution for a declaration of war. The word “war” does not need to be in a declaration of war, nor does the word “declaration.” IOW a “declaration of war” is whatever Congress says it is: AUMF following 9/11, AUMF for Iraq in 2003, AUMF, AUMF for Desert Storm, Tonkin Gulf Resolution, US support of the UN Emergency Declaration of 1950 regarding Korea – all of them are “declarations of war” within the meaning of the Constitution.

SFC D
Hate_me

Guess I’m working under the table from here on out.

The Bonus Army offers some lessons here about being peaceful.

Blaster

One team, one fight!

Hate_me

Every respectable guardsman I’ve ever met that never toured to Iraq or Afghanistan is jealous of those who had the chance. I volunteered every chance I could. Even gave up a slot at DLI to hang out with Kurds (great folk – a day late, but Newroz pîroz be!).

I’ve only been in AZ for a few months (all post-retirement), but the guardsmen I’ve met have never failed to earn my respect.

If this motion passes, all the good ones will transfer to Utah or NM. AZ will be left with the shitbags who like the uniform but abhor the service.

Bill R.

I was stationed at Luke AFB in Phoenix for much of the 1980’s. In those days Arizona was solidly Republican. Today, all those Californians have transplanted themselves and have not changed any of their voting habits. The cycle begins anew.

OlafTheTanker

Boy howdy, good thing the geniuses in the Puzzle Palace decided years ago to take away all the Armor from the one AZ Reserve unit that still had it,(Along with any other USAR units that still had them, and hand it to the NG then “to save money”, huh?

Honor and Courage

Someone forgot the find print!

I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State (Commonwealth, District, Territory) of ___ against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservations or purpose of evasion, and that I will well and faithfully discharge the duties of the Office of [grade] in the Army/Air National Guard of the State (Commonwealth, District, Territory) of ___ on which I am about to enter, so help me God.

Prior Service

Looks like some 8th Cavalry Regiment here. Warhorse!