HOUSE CONCURRENT RESOLUTION 90

(By Delegate Wilson)

[Introduced March 2, 2019] 

Requesting the Joint Committee on Government and Finance study the authority and proper circumstances for mobilization of the National Guard into active duty for combat.

Whereas, Article I, Section 8 of the Constitution of the United States vests in the United States Congress the exclusive power of war; and

Whereas, In spite of the clear language of the United States Constitution, vesting the power over war exclusively in the United States Congress, the United States Executive Branch has assumed that power without the constitutional declaration required of the United States Congress; and

Whereas, Though the United States Congress has not declared war in over 70 years, the nation has since gone to war repeatedly at the whim of the executive branch;

Whereas, When such unconstitutional actions are taken by the federal government, it is the proper role of the states themselves to take action to remedy such situations, as outlined in the Kentucky and Virginia Resolutions of 1798; and

Whereas, George Washington, once wrote: “The Constitution vests the power of declaring war in Congress; therefore, no offensive expedition of importance can be undertaken until after they shall have deliberated upon the subject and authorized such a measure”; and

Whereas, The Father of the Constitution, James Madison, once wrote: “The Constitution supposes, what the History of all Governments demonstrates, that the Executive is the branch of power most interested in war, and most prone to it.  It has accordingly with studied care vested the question of war to the Legislature”;

Whereas, The author of the Declaration of Independence, Thomas Jefferson, once wrote: “We have already given in example one effectual check to the dog of war by transferring the power of letting him loose from the Executive to the Legislative body. . .” and “Considering that Congress alone is constitutionally invested with the power of changing our condition from peace to war, I have thought it my duty to await their authority for using force in any degree which could be avoided”; and

Whereas, Another constitutional framer, Alexander Hamilton, once wrote: “The Congress shall have the power to declare war; the plain meaning of which is, that it is the peculiar and exclusive duty of Congress, when the nation is at peace, to change that state into a state of war...”; and

Whereas, Mobilization of the West Virginia National Guard to active duty for combat without lawful congressional authorization usurps the authority of the state, drains the financial resources of the country, and unnecessarily risks the lives of citizens of West Virginia; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance study the authority and proper circumstances for mobilization of the National Guard into active duty for combat; and, be it

Further Resolved, That in conducting the study, the committee include an evaluation of the necessary and lawful means through which the state may assert and require that the constitutional processes be followed before its citizens are deployed for combat; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2020, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.