S13342026 Regular Session

Adds to existing law to establish provisions regarding the Governor's authority regarding active duty combat service of the organized milita.

NATIONAL GUARD -- Adds to existing law to establish provisions regarding the Governor's authority regarding active duty combat service of the organized milita.

NATIONAL GUARD

IntroducedIn CommitteeFloor VoteEnacted

Via committee: State Affairs

STATEMENT OF PURPOSE

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The legislation embodies the intent of our founding fathers and follows the principles and provisions contained in the United States Constitution, specifically Article 1, Section 8. Congress has the executive power to declare war under our United States Constitution. The federal executive branch has exceeded its constitutional authority by calling up the state components of the National Guard in what are really warfighting operations, without a congressional declaration of war. The men and women in the Idaho National Guard must not be called into active-duty combat operations on foreign soil unless there has been a congressional declaration of war. This legislation does not impact the Governor's ability to mobilize the Idaho Guard as outlined in Article 4, Section 4 of the Idaho Constitution. It also does not limit the United States ability to call up the Idaho National Guard for training missions as provided in Title 10, United States Code. This legislation prohibits mobilization of the Idaho National Guard for combat actions unless there has been a corresponding congressional declaration or war.

FISCAL NOTE

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There will be no impact to the General Fund as this legislation is solely a return in following the intent and letter of the United States Constitution.

BILL TEXT

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LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1334 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO THE GOVERNOR'S AUTHORITY REGARDING ACTIVE DUTY COMBAT SERVICE2 OF THE ORGANIZED MILITIA; PROVIDING LEGISLATIVE FINDINGS AND INTENT;3 AMENDING CHAPTER 23, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SEC-4 TION 67-2364, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING THE GOVER-5 NOR'S AUTHORITY REGARDING ACTIVE DUTY COMBAT SERVICE OF THE ORGANIZED6 MILITIA; AND DECLARING AN EMERGENCY.7

Be It Enacted by the Legislature of the State of Idaho:8

SECTION 1. LEGISLATIVE FINDINGS AND INTENT. (1) The Legislature finds9 that:10 (a) Clause 11, Section 8, Article I of the Constitution of the United11 States vests in the Congress the power to declare war. The Legislature12 further recognizes that Clause 15, Section 8, Article I authorizes Con-13 gress to call forth the militia to execute the laws of the Union, repel14 invasion, and suppress insurrection;15 (b) The Governor serves as the commander in chief of the organized mili-16 tia of the State of Idaho except when such forces are lawfully called17 into federal service pursuant to the Constitution of the United States;18 and19 (c) The State of Idaho retains authority to prescribe by law the duties20 and limitations applicable to state officers acting under the Constitu-21 tion of the State of Idaho and laws of this state.22 (2) It is the intent of the Legislature to clarify the constitutional23 conditions under which the Governor may authorize entry of the organized24 militia into active duty combat service, consistent with the allocation of25 powers set forth in the Constitution of the United States.26

SECTION 2. That Chapter 23, Title 67, Idaho Code, be, and the same is27 hereby amended by the addition thereto of a NEW SECTION, to be known and des-28 ignated as Section 67-2364, Idaho Code, and to read as follows:29 67-2364. GOVERNOR'S AUTHORITY REGARDING ACTIVE DUTY COMBAT SERVICE OF30 THE ORGANIZED MILITIA. (1) As used in this section:31 (a) "Active duty combat" means performing one of the following services32 in the active federal military service of the United States:33 (i) Participation in an armed conflict;34 (ii) Performance of a hazardous service relating to an armed con-35 flict in a foreign state; or36 (iii) Performance of a duty through an instrumentality of war.37 (b) "Official declaration of war" means an official declaration of war38 made by the United States congress pursuant to clause 11, section 8, ar-39 ticle I of the constitution of the United States.40

2 (2) Notwithstanding any provision of law to the contrary, the governor1 shall not authorize the organized militia of the state of Idaho, or any mem-2 ber thereof, to enter active duty combat unless:3 (a) The United States congress has passed an official declaration of4 war; or5 (b) The United States has taken official action pursuant to clause 15,6 section 8, article I of the constitution of the United States to explic-7 itly call forth the Idaho national guard and any member thereof for the8 enumerated purposes of executing the laws of the union, repelling inva-9 sion, or suppressing insurrection.10 (3) The governor shall take all actions necessary to comply with the re-11 quirements of this section.12 (4) Nothing in this section shall be construed to restrict participa-13 tion in non-combat federal service, including training or administrative14 duty.15 (5) Nothing in this section shall be construed to limit or prohibit the16 governor from authorizing or maintaining members of the organized militia in17 duty status pursuant to 32 U.S.C. 101 et seq., or from authorizing defense18 support for civil authorities missions within the United States or United19 States territories.20

SECTION 3. An emergency existing therefor, which emergency is hereby21 declared to exist, this act shall be in full force and effect on and after its22 passage and approval.23