Defend the Guard Act

HB 2591, the "Defend the Guard Act," requires the West Virginia National Guard to remain under state control for combat operations unless the U.S. Congress formally declares war or takes specific action under the Constitution to call the militia for enumerated purposes. It directly affects West Virginia National Guard members, preventing their deployment to active-duty combat without congressional authorization. The bill defines "active duty combat" as participating in armed conflict, performing hazardous duty in foreign countries, or using instruments of war. The governor must ensure compliance with this requirement, effectively blocking federal deployment for combat without explicit congressional action. This policy change aims to align state military control with the constitutional principle that Congress holds exclusive authority to declare war.