SB82 requires an official declaration of war or other congressional action before the South Dakota National Guard may be deployed by the federal government.
The South Dakota State Senate rejected SB82 on February 3, 2025 by a vote of 6 to 29. We have assigned pluses to the ayes because this bill would nullify unconstitutional federal deployments of the National Guard. A congressional declaration of war is constitutionally required to enter into a foreign conflict or for another constitutional reason, in accordance with Article I, Section 8, Clauses 11 and 15, of the U.S. Constitution.
