Addison County Democratic Committee, Vermont

adopted on the night of December 1, 2009

Resolution calling on the State Legislature to consider a change in statute that would clearly define the Governor’s responsibility when Vermont National Guard troops are called into federal service to fight in a war zone. The Governor must be required to affirm the legality of orders to federalize Vermont National Guard troops before consenting to such orders.

Whereas, The members of the Vermont National Guard deserve our utmost respect and support. They have volunteered to serve our State and our Nation. We honor them and their families for their service and their sacrifice.

Whereas, Under Article I, Section 8, Clause 15 of the United States Constitution, Congress may call forth the militia to execute the laws of the union, suppress insurrections, and repel invasions.

Whereas, Since 1933, federal law has provided that persons enlisting in a state national guard unit simultaneously enlist in the national guard of the United States, a part of the U.S. Army.  The enlistees retain their status as state national guard members unless and until ordered to active federal duty and then revert to state status upon being relieved from federal service.

Whereas, Under the U.S. Constitution, each state’s national guard unit is controlled by the governor, but can be called up for federal duty by the President, provided that the President is acting pursuant to the Constitution and laws of the United States.

Whereas, The War Powers Act of 1973 (Public Law 93-148) specifically limits the power of the President of the United States to wage war without the approval of Congress.

Whereas, There are serious questions about the legality of recent federalizations of state national guard units due to the expiration of the Authorization for Use of Military Force passed by Congress.


Resolved by the Addison County Democratic Committee that:

The Vermont National Guard must only be sent into national service for deployment pursuant to a declaration of war or a congressional enactment other than a declaration of war that expressly authorizes the use of military force in a country or region and specifically describes the mission for which the national guard troops are to be deployed.

Resolved: The governor should be called on to review every federal order that places the Vermont National Guard on federal active duty to determine whether the order has been issued pursuant to a declaration of war, or is consistent with the specific terms and conditions of any other congressional enactment and is therefore, in either event, lawful and valid. If the governor determines that the order is not lawful or valid, the governor must take all necessary and appropriate actions to prevent the Vermont National Guard from being placed on federal active duty.

Resolved: The Legislature is called upon to consider changes in state statutes to clearly define the Governor’s responsibilities when Vermont National Guard troops are called into federal service.

Resolved: A copy of this resolution will be sent to the Governor, the Speaker of the House and the Senate President Pro Tempore.

More info:

http://www.BringtheGuardHome.org and http://www.addisondems.org/

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