WHB/5/2
Sponsored by Harshita Nallaka, Gwen Moser, Varshini Mohan of Ravenwood High School
This legislation was filed in the Military category
Presented as part of the YIG Volunteer 2024 conference
| 1 | BE IT ENACTED BY THE TENNESSEE YMCA YOUTH IN GOVERNMENT |
| 2 | |
| 3 | Section 1: Terms defined in this act, unless the context requires otherwise, shall be defined as |
| 4 | follows |
| 5 | A) Active Duty Combat: Participation in potentially dangerous activities and armed conflict on |
| 6 | behalf of the United States. |
| 7 | B) Authorization To Use Military Force (AUMF): This authorization allows the President to deploy all |
| 8 | necessary and appropriate force against those nations, organizations, or persons he determines |
| 9 | planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, |
| 10 | 2001. Similarly, the President is authorized to act on any suspicions to prevent future acts of |
| 11 | international terrorism against the United States by such nations, organizations, or persons. |
| 12 | C) Declaration of War: A formal declaration from the United States Congress authorizing military |
| 13 | action against a foreign state, prompting a state of war. |
| 14 | D) National Guard: The National Guard is the primary combat reserve for the United States Military |
| 15 | and is led by the Governor of each state. They are not full-time active-duty personnel but can be |
| 16 | deployed to defend the state against civil disturbances and assist during natural disasters and |
| 17 | pandemics. Additionally, if the proper federal protocols are followed, the President can deploy the |
| 18 | National Guard to repel invasions, suppress insurrections, or defend the laws of the union. |
| 19 | E) United States Military: A full-time army that resides on a government-sanctioned base. It can |
| 20 | be deployed at any time and is under the direct jurisdiction of the President, serving only the |
| 21 | federal government. |
| 22 | F) War Powers Resolution: This law aims to check the executive branch's power when committing |
| 23 | U.S. military forces to an armed conflict without the consent of the U.S. Congress. It stipulates |
| 24 | that the President must notify Congress within 48 hours of military action and prohibits armed |
| 25 | forces from remaining in areas of active combat for more than 60 days without congressional |
| 26 | approval. |
| 27 | |
| 28 | Section 2: The purpose of the National Guard is to respond to domestic emergencies within the |
| 29 | country and serve as a reserve military for times of war. In the United States Constitution, Article |
| 30 | I, Section 8, Clause 16, the role of Congress is outlined: "The Congress shall have Power . . . ] To |
| 31 | provide for organizing, arming, and disciplining the Militia, and for governing such part of them as |
| 32 | may be employed in the Service of the United States, reserving to the States respectively” The |
| 33 | Constitution delegates the role of organizing and arming the National Guard to Congress and |
| 34 | management to the head of state. However, if the United States is not currently at war, the |
| 35 | National Guard is under State purview. |
| 36 | |
| 37 | Section 3: Should it be necessary for the National Guard to participate in active combat, the |
| 38 | |
| 39 | President's deployment of the National Guard into active combat without a formal declaration of |
| 40 | war from Congress is a direct violation of the Constitution. |
| 41 | |
| 42 | Section 4: No member of the Tennessee National Guard shall be released from state duty into |
| 43 | active combat unless Congress passes an official Declaration of War explicitly calling on the |
| 44 | Tennessee National Guard or has taken official action in accordance with the United States |
| 45 | Constitution clause 15, section 8, article I to explicitly call forth any member of the Tennessee |
| 46 | National Guard to repel invasions, suppress insurrections, and execute the laws of the union. |
| 47 | Without an official Declaration of War from the U.S. Congress, the Tennessee National Guard will |
| 48 | not be utilized for offensive maneuvers. Furthermore, Authorization to Use Military Force (AUMF) |
| 49 | will no longer justify the deployment of the Tennessee National Guard into active combat and is |
| 50 | not equivalent to a declaration of war. |
| 51 | |
| 52 | Section 5: If guardsmen are deployed into active combat without an approved declaration of war |
| 53 | from Congress, the War Powers resolution must be enforced. The |
| 54 | Tennessee National Guardsmen will be withdrawn as soon as possible with a maximum of 60 days |
| 55 | spent overseas. |
| 56 | |
| 57 | Section 6: This bill will be enacted at no cost to the state of Tennessee. |
| 58 | |
| 59 | Section 7: All laws in conflict with this bill are hereby repealed. |
| 60 | |
| 61 | Section 8: This bill will be enacted immediately upon approval, with the public welfare requiring it. |
| 62 |