Full Text of HB2587 103rd General Assembly
HB2587 103RD GENERAL ASSEMBLY
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
Introduced 2/15/2023, by Rep. Jed Davis
SYNOPSIS AS INTRODUCED:
Provides that the Act may be referred to as the Defend the Guard Act.
Amends the Military Code of Illinois. Provides that, notwithstanding any
other provision of the Code, the Illinois National Guard and any member
thereof shall not be released from the State into active duty combat unless
the United States Congress has passed an official declaration of war or has
taken an official action in accordance with the United States Constitution
to explicitly call forth the Illinois National Guard and any member
thereof for the enumerated purposes to expressly execute the laws of the
union, repel an invasion, or suppress an insurrection. Requires the
Governor to take all actions necessary to comply with the requirements of
the amendatory Act.
A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be referred to as the Defend the
The Military Code of Illinois is amended by
adding Section 10.5 as follows:
(20 ILCS 1805/10.5 new)
Mobilization of Illinois National Guard into
active duty combat.
(a) Findings. The General Assembly finds the following:
(1) Article I, Section 8 of the United States
Constitution vests in the United States Congress the
exclusive power of war.
(2) 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 unconstitutionally assumed
that power while the United States Congress has abdicated
its constitutional duty.
(3) Although the United States Congress has not
declared war in over 70 years, the nation has since gone to
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war repeatedly at the whim of the United States Executive
(4) 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.
(5) A founder of this country, 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
(6) 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".
(7) 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
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thought it my duty to await their authority for using
force in any degree which could be avoided".
(8) 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. .
(b) Definitions. As used in this Section:
(1) "Active duty combat" means performing the
following services in the active federal military service
of the United States:
(A) participation in an armed conflict;
(B) performance of a hazardous service in a
foreign state; or
(C) performance of a duty through an
instrumentality of war.
(2) "Official declaration of war" means an official
declaration of war made by the United States Congress in
accordance with Article I, Section 8, Clause 11 of the
United States Constitution.
(c) Notwithstanding any other provision of this Code, the
Illinois National Guard and any member thereof shall not be
released from the State into active duty combat unless the
United States Congress has passed an official declaration of
war or has taken an official action in accordance with Article
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I, Section 8, Clause 15 of the United States Constitution to
explicitly call forth the Illinois National Guard and any
member thereof for the enumerated purposes to expressly
execute the laws of the union, repel an invasion, or suppress
an insurrection. The Governor shall take all actions necessary
to comply with the requirements of this Section.