HB404 would restrict the deployment of the Montana National Guard into active combat without an official declaration of war by the U.S. Congress.
The Montana State House of Representatives rejected HB404 on March 5, 2025 by a vote of 41 to 58. We have assigned pluses to the ayes because this bill 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.
