Defend the Guard
LP Armstrong Defend The Guard Press Release
Release Date:
Feb. 1, 2024
FOR IMMEDIATE RELEASE
Armstrong County Libertarian Party Releases Statement on District 63 Race
Kittanning, PA - On Thursday, Feb. 1, 2024, the Armstrong Libertarian Party held a meeting of their executive committee to address the open position in the 63rd legislative district and the escalation of tensions in the Middle East, including the activation of National Guard units.
The executive committee of the Armstrong Libertarian Party released the following statement:
We would like to thank Representative Donna Oberlander for her mission to represent all of Pennsylvania’s rural communities, and not just the 63rd District. We applaud her for that vision and believe that Libertarian values are the best way to address the needs of our rural communities.
When Pennsylvania National Guardsmen are stationed halfway around the world, they are unable to serve the interests of PA rural communities. Therefore, we are calling on all candidates seeking the nomination to replace Rep. Oberlander to pledge their support for Defend the Guard legislation.
Defend the Guard legislation in Pennsylvania would prohibit PA guardsmen from being deployed in any active combat situation when Congress has not issued a formal declaration of war. The US Constitution wisely provides that the legislative, not the executive branch, is tasked with the war making powers.
If neither major party nominates a candidate willing to defend the PA National Guard or the US Constitution to replace Representative Oberlander, we will actively recruit a quality candidate to run a third-party challenge.
A solid Libertarian candidate will make the path to victory difficult for the two legacy parties. If the two legacy parties fail to demonstrate that they care for the safety and security of Pennsylvania, by allowing those who have pledged to protect our commonwealth to be deployed in hostile environments overseas, then a Libertarian candidate could pull an upset victory.
We are calling on all candidates seeking a nomination to the 63rd District to support Defend the Guard legislation. We are also asking that Senator Joe Pittman, Representative Abby Major, and Representative Oblerlander not wait until this election cycle ends, but to submit this legislation now, before any more soldiers are put in unnecessary danger.
More information about Defend the Guard can be found at defendtheguard.us.
More information about the Armstrong Libertarian Party can be found at www.lparmstrongpa.org.
Draft Legislation
AN ACT concerning Public Safety – National Guard Deployment – Governor’s Powers
SUMMARY
FOR the purpose of requiring the Governor to withhold or withdraw approval of the transfer of this State’s National Guard to federal control in the absence of an explicit authorization adopted by the Federal Government in pursuance of the powers delegated to the Federal Government in Article I, Section 8, Clause 15 of the U.S. Constitution.
A BILL ENTITLED DEFEND THE GUARD IN PENNSYLVANIA
WHEREAS, Under the Constitution of the United States, each State’s National Guard is a defensive force controlled by the governor, but can be called up for federal duty by the federal government, provided that said duty is pursuant to the Constitution of the United States; and
WHEREAS, Article I, Section 8, Clause 15 of the Constitution of the United States delegates to the Congress the power to provide for “calling forth the militia” in three situations only: 1) to execute the laws of the union, 2) to suppress insurrections, and 3) to repel invasions; and
WHEREAS, James Monroe, member of the Virginia Ratifying Convention, 7th U.S. Secretary of State, and 5th President of the United States, wrote in 1815, “Congress shall have power to provide for calling forth the militia to execute the laws of the Union; what laws? All laws which may be constitutionally made”; and
WHEREAS, the Tenth Amendment to the Constitution of the United States reads as follows: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”; and
WHEREAS, the Tenth Amendment defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government in the Constitution of the United States; and
WHEREAS, Daniel Webster, in his 1814 speech on the floor of Congress, said, “The operation of measures thus unconstitutional and illegal ought to be prevented by a resort to other measures which are both constitutional and legal. It will be the solemn duty of the State governments to protect their own authority over their own militia, and to interpose between their citizens and arbitrary power. These are among the objects for which the State governments exist”; now, therefore,
SECTION 1. BE IT ENACTED BY THE (GENERAL ASSEMBLY/HOUSE/SENATE) OF THE STATE OF (enter state), That the Laws of (enter state) read as follows:
(enter section of state code here)
THE GOVERNOR SHALL WITHHOLD OR WITHDRAW APPROVAL OF THE TRANSFER OF THE NATIONAL GUARD TO FEDERAL CONTROL IN THE ABSENCE OF:
a) A military invasion of the United States, or
b) An insurrection, or
c) A calling forth of the Guard by the federal government in a manner provided for by Congress to execute the Laws of the Union, provided that said Laws were made in pursuance of the delegated powers in the Constitution of the United States
.
SECTION 2. AND BE IT FURTHER ENACTED, That the governor shall examine every federal order, present and future, that places the national guard on federal active duty to determine whether the order is Constitutional according to Article I, Section 8, Clause 15 of the Constitution of the United States. If the governor determines that the order is not Constitutional, he or she shall take all appropriate action to prevent the National Guard from being placed or kept on federal active duty.
SECTION 3. AND BE IT FURTHER ENACTED, That the governor shall submit a report to the standing committees of the legislature with specified subject matter jurisdiction over military affairs, as provided under (ENTER SECTION FROM STATE CODE), that summarizes his or her review of every order that placed or places the national guard on federal active duty and any action he or she takes in response to that review, within 30 days after his or her review is complete.
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect (enter date).
Draft Letter of Support
Mr/Mrs (NAME)
(STREET ADDRESS)
(CITY, STATE ZIP)
(Date)
The Honorable (NAME)
(ADDRESS)
Subject: Defend the Guard Legislation
Dear (NAME):
As your constituent and a registered voter, I am writing to express my support for Defend The Guard Legislation in Pennsylvania. Article I, Section 8, Clause 15 of the Constitution of the United States delegates to the Congress the power to provide for “calling forth the militia” in three situations only: 1) to execute the laws of the union, 2) to suppress insurrections, and 3) to repel invasions.
Too many young men and women of the great state of Pennsylvania were sent to foreign lands over the last twenty years to fight an unconstitutional war. The amount of pain and suffering of many of these men and women and their families could have been avoided with Defend The Guard legislation. The power to declare war is to reside with Congress only and is to be a decision not to be made hastefully. Our citizens have been misled, misinformed or downright lied to about foreign engagement by our military.
The time is now to protect these young men and women, who are our future. The time is now to hold the federal government accountable to the constitution as written. Attached you will find legislation that can be implemented to make these changes in the Commonwealth Of Pennsylvania and put the control back in our Governor’s hands instead of the President Of The United States.
Very truly yours,
(NAME)