HF 429 (LSB 2050HH (4) 91)

HOUSE FILE 429

BY  SHIPLEY, THOMPSON, VONDRAN, WENGRYN, LAWLER, GEARHART, GERHOLD, and DIEKEN

A BILL FOR

An Act relating to circumstances necessary prior to deployment of state military units in active combat or hazardous service related to conflict in a foreign state.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 29A.53, Code 2025, is amended by adding the following new subsections:
   NEW SUBSECTION.  4.  Notwithstanding any other provision of the Code, the army national guard, the air national guard, and the civil air patrol shall not be released from this state into active combat or into hazardous service relating to an armed conflict in a foreign state pursuant to Article I, section 8, clause 15, of the United States Constitution, unless the United States has officially declared war for the express purpose of repelling an invasion, suppressing an insurrection, or executing the laws of the United States.
   NEW SUBSECTION.  5.  This section shall not be construed to limit the authority of the governor to consent to the deployment of troops pursuant to Tit. 32 of the United States Code.
    Sec. 2.  FEDERAL POWERS TO DECLARE WAR —— LEGISLATIVE

FINDINGS.  The general assembly finds that Article I, section 8, of the Constitution of the United States solely vests the power to declare war in the United States Congress, and Congress, by abdicating its war powers to the president, has failed to follow the Constitution of the United States and the intent of its creators.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits the army national guard, the air national guard, and the civil air patrol from being released from this state into active combat or into hazardous service relating to an armed conflict in a foreign state unless the United States has officially declared war for the express purpose of repelling an invasion, suppressing an insurrection, or executing the laws of the United States. The bill does not limit the authority of the governor to consent to the deployment of troops for defense support of civil authorities.
   The bill makes legislative findings related to United States congressional abdication of powers to declare war.