HB1315 would have prohibited the North Dakota National Guard from being mobilized for active duty combat unless Congress has passed an official declaration of war or taken another official constitutional action.
The House failed to pass HB1315 on January 30, 2025, by a vote of 10 to 84. We have assigned pluses to the yeas because National Guard troops should only be used to protect the lives, liberty, and property of their fellow Americans in accordance with the U.S. Constitution. This bill would help prevent unconstitutional wars by nullifying attempts by the federal government to entangle U.S. citizen-soldiers in undeclared wars overseas. Article I, Section 8, of the U.S. Constitution asserts that “Congress,” not the President, “shall have power…to provide for the common defence.” Congress alone, as explained and limited by succeeding Clauses 11, 12, and 15, is granted the specified powers to “declare war,” “raise and support Armies,” and “provide for calling forth the Militia.
