Wisconsin AB203: The National Guard and the Constitution | Tenth Amendment Center
Under the radar in most spheres until now, Wisconsin Assembly Bill 203 (introduced in April, 2009) seeks to restore a Constitutional balance to the common practice of federalizing the national guard.
AB203 “requires the governor to examine every federal order that places the Wisconsin national guard on federal active duty to determine if that order is lawful and valid. If the governor determines that the federal order is not lawful or valid, the bill requires the governor to take appropriate action, which may include commencing legal action in state or federal court, to prevent the Wisconsin national guard from being placed on federal active duty.”
The bill also “requires the governor to submit to the appropriate standing committees of the legislature a summary of the governor’s review of every federal order that places the Wisconsin national guard on federal active duty and any action he or she takes in response to that review.”
The Guard considers its charter to be the Constitution of the United States, and specifically mentions Article I, Section 8, Clause 15:
Clause 15 provides that the Congress has three constitutional grounds for calling up the militia — “to execute the laws of the Union, suppress insurrection and repel invasions.” All three standards appear to be applicable only to the Territory of the United States.
Read the full text of the Bill below:
Filed Under: Crime, Legal Issues
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