relative to requiring an official declaration of war for the activation of the New Hampshire national guard in a foreign state.

HB 104 would require the U.S. Congress to formally declare war before New Hampshire's National Guard can be deployed for combat operations in foreign countries. The bill prohibits sending troops abroad for "active duty combat" without such a declaration, though it allows for state-controlled deployments (under Title 32), training exercises, and humanitarian missions. This would conflict with current federal law, which permits presidential deployment without a formal war declaration, risking an estimated $55 million annually in federal funding for National Guard operations. The bill's sponsors cite constitutional concerns about Congress abdicating its war powers under Article I, Section 8 of the U.S. Constitution.