TallyIDAHOLegislative Tracker
S13342026 Regular Session

Adds to existing law to establish provisions regarding the Governor's authority regarding active duty combat service of the organized milita.

NATIONAL GUARD -- Adds to existing law to establish provisions regarding the Governor's authority regarding active duty combat service of the organized milita.

NATIONAL GUARD

STATEMENT OF PURPOSE

The legislation embodies the intent of our founding fathers and follows the principles and provisions contained in the United States Constitution, specifically Article 1, Section 8. Congress has the executive power to declare warunderourUnitedStatesConstitution. Thefederalexecutivebranchhasexceededitsconstitutionalauthority by calling up the state components of the National Guard in what are really warfighting operations, without a congressional declaration of war. The men and women in the Idaho National Guard must not be called into active-duty combat operations on foreign soil unless there has been a congressional declaration of war. This legislation does not impact the Governor's ability to mobilize the Idaho Guard as outlined in Article 4, Section 4 of the Idaho Constitution. It also does not limit the United States ability to call up the Idaho National Guard for training missions as provided in Title 10, United States Code. This legislation prohibits mobilization of the Idaho National Guard for combat actions unless there has been a corresponding congressional declaration or war.

LATEST ACTION

Reported Printed; referred to State Affairs

BILL INFO

Session
2026
Chamber
senate
Status date
Feb 20, 2026

LINKS

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