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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
national guard; active duty; requirements
Purpose
Prohibits the National Guard of Arizona from being released from Arizona into active duty combat without an official action by or declaration of war from the U.S. Congress.
Background
The U.S. Congress has the power to call forth the U.S. Armed Forces to execute the laws of the union, suppress insurrections and repel invasions (U.S. Const. art.1, § 8, cl. 15). The states, and the U.S. Congress, may prescribe penalties for failing to obey the U.S. President’s call of the U.S. Armed Forces, has the concurrent power to aid the federal government by calls under the U.S. Congress and the state's own authority and in emergencies may use the U.S. Armed Forces to put down an armed insurrection according to Houston v. Moore, 18 U.S. 1 (1820).
When the Governor proclaims an emergency, or deems it necessary to protect lives or property, the Governor may mobilize all or any part of the National Guard of Arizona into the service of the state. The Adjutant General of Arizona must issue orders for mobilization, appoint troop commanders and act as chief of staff to the Governor. If the U.S. President directs the mobilization of the National Guard of Arizona into the U.S. Armed Forces, the Adjutant General of Arizona must effect the mobilization and the Guard must pass to federal control and may not be subject to military laws of the state until the time it reverts to state control (A.R.S. § 26-172).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits the National Guard of Arizona from being released from Arizona into active duty combat unless the U.S. Congress has:
a) passed an official declaration of war; or
b) taken an official action to explicitly call forth the National Guard of Arizona for the enumerated purposes of executing the laws of the union, repelling an invasion or suppressing an insurrection.
2. Requires the Governor to take all actions necessary to comply with the prohibition.
3. Defines active duty combat as:
a) participating in an armed conflict; or
b) performing a duty through an instrumentality of war or a hazardous service relating to an armed conflict in a foreign state.
4. Defines an official declaration of war as an official declaration of war made by the U.S. Congress.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 13, 2025
KJA/AG/slp