SB1495 prohibits the Arizona National Guard from being deployed into active-duty combat unless the U.S. Congress has issued an official declaration of war or explicitly called forth the National Guard under Article I, Section 8, Clause 15 of the U.S. Constitution. The bill defines "active-duty combat" as participation in armed conflict, performing hazardous services related to armed conflict in a foreign state, or performing duties through an instrumentality of war. Additionally, it defines "official declaration of war" as one made by the U.S. Congress pursuant to Article I, Section 8, Clause 11 of the U.S. Constitution
The Arizona State Senate passed SB1495 on March 5, 2025 by a vote of 16 to 13. We have assigned pluses to the ayes because his tbill would nullify unconstitutional federal deployments of the National Guard. Under Article I, Section 8 of the U.S. Constitution, only Congress—not the president—has the authority to declare war, raise and support armies, and call forth the militia. Clauses 11, 12, and 15 specifically limit these powers to Congress, making any unauthorized foreign deployment of state militias a violation of the Constitution.
