Vermont 2023-2024 Regular Session

Vermont House Bill H0785

Introduced
1/12/24  

Caption

An act relating to review of orders placing the Vermont National Guard in federal active duty status

Impact

If enacted, H0785 would significantly alter the state's approach to deploying the National Guard, limiting the Governor's authority in sending units into active military service without proper legal backing from federal law. Specifically, it establishes a requirement for the Governor to ensure compliance with constitutional provisions before any deployment, which may lead to increased scrutiny and potentially delay the deployment of Vermont's National Guard in federal military operations. Furthermore, the introduction of a reporting requirement after such reviews aims to promote transparency in military decisions.

Summary

House Bill H0785, entitled the 'Vermont Defend the Guard Act', mandates that the Governor of Vermont must review any orders to place the Vermont National Guard in federal active duty status. The bill requires that such orders only be made under specific circumstances: an official declaration of war from Congress, in response to a military invasion of the U.S., or to suppress insurrections, provided that these actions adhere to the U.S. Constitution. This is aimed at ensuring state control over the National Guard and aligning military duty assignments with constitutional mandates.

Contention

The bill has sparked varied opinions among legislators. Supporters argue that it reinforces state sovereignty and prevents the potential overreach of federal military authority into state matters. They emphasize the necessity of constitutional checks on the deployment of state militias. Conversely, opponents may view it as an obstruction to timely military responses during crises, claiming it could hinder the National Guard’s readiness and availability. The overall discourse around H0785 revolves around the balance of power between state and federal governments concerning military authority and the implications of such legislation on national security decisions.

Companion Bills

No companion bills found.

Previously Filed As

VT HB404

Require official action to release Montana national guard to active duty combat

VT SB1495

National guard; active duty; requirements

VT HB2193

Virginia National Guard; deployment to active duty combat.

VT HB533

Virginia National Guard; deployment to active duty combat.

VT HB2188

National guard; active duty combat

VT SB1047

national guard; active duty; requirements

VT SB38

Creating the defend the guard act to establish when the Kansas national guard may be released into active duty combat.

VT HB1056

Defend the Guard Act; create to require official declaration of war before national guard are called for active duty combat.

VT HB2188

Enacting the defend the guard act to prescribe when the Kansas national guard may be released from the state for active duty combat.

VT S1094

Eliminates veterans' gross income tax deduction requirement that New Jersey National Guard member serve in federal active duty status.

Similar Bills

No similar bills found.