The Defend the Guard Act is a proposed bill in the Minnesota House of Representatives that seeks to restrict the deployment of the Minnesota National Guard into active federal military service for combat unless specific constitutional conditions are met.

Key Provisions:

1. Definition of Active Duty Combat:

   • Involves participation in armed conflict, hazardous service related to armed conflict in a foreign state, or duties involving instruments of war.

2. Deployment Restriction:

   • Minnesota National Guard members cannot be deployed for active combat duty unless:
     • The U.S. Congress officially declares war,
       
     • OR Congress takes an explicit constitutional action (Article I, Section 8, Clause 15) to call forth the Guard for executing federal laws, repelling invasions, or suppressing insurrections.

3. Governor’s Compliance:

   • The bill mandates that the Minnesota governor must ensure compliance with this restriction.

4. Exception for Domestic Missions:

   • The bill does not prohibit the governor from allowing the National Guard to be deployed within the U.S. for civil support missions under Title 32 (such as disaster response and law enforcement assistance).

Purpose:

This bill aims to ensure that the Minnesota National Guard is not deployed to foreign combat areas without a formal congressional declaration of war, reinforcing state control over its National Guard forces.