Whereas under the Constitution of the United States, each state’s National Guard is a defensive force controlled by the governor, but can be called up for federal duty by the federal government, provided that said duty is pursuant to the Constitution of the United States; and,
Whereas Article I, Section 8 of the Constitution of the United States vests in the United States Congress the exclusive power to declare war; and,
Whereas Article I, Section 8, Clause 15 of the Constitution of the United States delegates to the Congress the power to provide for “calling forth the militia” in three situations only: to “execute the Laws of the Union,” to suppress insurrections, and to repel invasions; and,
Whereas the Tenth Amendment to the Constitution of the United States states that the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people; and,
Whereas Article III, Section VI, Paragraph II of the Constitution of the State of Georgia states that the General Assembly shall have the power to provide by law for a militia and the General Assembly has exercised said power as described in Title 38, Chapter 2 of the Official Code of Georgia Annotated; and,
Whereas Article V, Section II, Paragraph III of the Constitution of the State of Georgia states that the Governor shall be the commander in chief of the military forces of this state; and,
Whereas the Father of the Constitution, James Madison, wrote, “The Constitution supposes, what the History of all Governments demonstrates, that the Executive is the branch of power most interested in war, and most prone to it. It has accordingly with studied care vested the question of war to the Legislature.”; and,
Whereas although the U.S. Congress has not declared war since 1942, the nation has since gone to war repeatedly at the whim of the Executive Branch; and,
Whereas when such unconstitutional actions are taken by the federal government, it is the proper role of the states themselves to take action to remedy such situations, as outlined in the Kentucky and Virginia Resolutions of 1798; and,
Whereas on May 29, 2022 the Libertarian National Committee adopted a resolution calling upon the state legislatures to enact legislation to prohibit the states’ National Guard and any member thereof to be released from the state into active duty combat unless the U.S. Congress has declared war pursuant to Article I, Section 8, Clause 15 of the U.S. Constitution, and only for the express and explicit purposes enumerated in the Constitution: to “execute the Laws of the Union,” repel an invasion, or suppress an insurrection; and,
Whereas the resolution further calls upon the legislatures and governors of the states not to comply with any order from the federal government to release the state’s National Guard into federal service unless the U.S. Congress has declared war pursuant to Article I, Section 8, Clause 15 of the U.S. Constitution, and only for the express and explicit purposes enumerated in the Constitution: to “execute the Laws of the Union,” repel an invasion, or suppress an insurrection; and,
Whereas the resolution further calls upon the states to bring home said National Guard troops already so deployed to foreign conflicts immediately;
Therefore, be it resolved, that the Libertarian Party of Georgia:
- calls upon the Georgia General Assembly to enact legislation to prohibit the Georgia National Guard and any member thereof to be released from the state into active duty combat unless the U.S. Congress has declared war pursuant to Article I, Section 8, Clause 15 of the U.S. Constitution, and only for the express and explicit purposes enumerated in the Constitution: to “execute the Laws of the Union,” repel an invasion, or suppress an insurrection; and,
- calls upon the Georgia General Assembly and the Governor not to comply with any order from the federal government to release the Georgia National Guard into federal service unless the U.S. Congress has declared war pursuant to Article I, Section 8, Clause 15 of the U.S. Constitution, and only for the express and explicit purposes enumerated in the Constitution: to “execute the Laws of the Union,” repel an invasion, or suppress an insurrection; and,
- calls upon Georgia to bring home said National Guard troops already so deployed to foreign conflicts immediately.
