LD265 prohibits Maine’s National Guard from being sent into active-duty combat overseas unless Congress issues a formal declaration of war or takes an official action authorized under Article I, Section 8, Clause 15 of the U.S. Constitution. It directs the governor to ensure compliance with this requirement while still allowing the Guard to be deployed for domestic civil missions or under Title 32 authority.
The Maine State House of Representatives voted to uphold a committee recommendation "not to pass" LD265 on April 24, 2025 by a vote of 109 to 33. We have assigned pluses to the nays because 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.
