Defend the Guard Act: Nebraska Legislation Would End Unconstitutional Deployments

The Defend the Guard Act would prohibit the governor from releasing any unit or member of the Nebraska National Guard into “active combat” unless Congress has declared war as required by Article I, Section 8, Clause 11 of the Constitution, or if Congress has “called forth the Nebraska National Guard to execute the laws of the union, suppress insurrection, or repel invasions pursuant to the United States Constitution.”