The Defend the Guard Act is a proposed bill in the Minnesota House of Representatives that aims to restrict the deployment of the Minnesota National Guard into active duty combat unless specific federal constitutional requirements are met.

Key Provisions of the Bill:

1. Definition of Active Duty Combat

   • Includes participation in an armed conflict, hazardous service related to an armed conflict in a foreign country, or performing duties involving an instrumentality of war.

2. Requirement for a Congressional Declaration of War

   • The Minnesota National Guard cannot be deployed into active combat unless Congress passes an official declaration of war (as per Article I, Section 8, Clause 11 of the U.S. Constitution) or
   • Congress takes specific action under Article I, Section 8, Clause 15, to explicitly call forth the National Guard for executing federal laws, repelling invasions, or suppressing insurrections.

3. Governor’s Role

   • The Governor must ensure compliance with these conditions before permitting the deployment of the Minnesota National Guard into active combat.

4. Exemption for Domestic Missions

   • The bill does not prevent the Governor from authorizing National Guard deployments under Title 32 of the U.S. Code, which allows for defense support during civil emergencies within the United States and U.S. territories.

Purpose of the Bill:

This legislation aims to assert state control over the deployment of its National Guard troops and prevent their involvement in overseas military conflicts unless Congress formally declares war or takes explicit constitutional action.

If passed, the Defend the Guard Act would limit the federal government's ability to deploy Minnesota National Guard troops into foreign conflicts without proper constitutional authorization.