North Carolina Libertarians called on the state legislature to prohibit releasing the state National Guard into federal service unless the U.S. Congress “has declared war pursuant to … the U.S. Constitution, and only for the express and explicit purposes enumerated in the Constitution, to execute the laws of the union, repel an invasion, or suppress an insurrection.”

In a resolution passed unanimously at their annual state convention, the Libertarian Party of North Carolina said, “in spite of the clear language of the U.S. Constitution, vesting the power to declare war exclusively in the U.S. Congress, the U.S. Executive Branch has unconstitutionally assumed that power while the Congress has abdicated its constitutional duty.”

The party also added a Defend the Guard plank to their platform. It reads:

The LPNC opposes the unconstitutional deployment of the North Carolina National Guard as an instrument of U.S. foreign policy. Neither the NCNG nor any member should be released from the state into active duty combat unless the U.S. Congress has declared war pursuant to Article I, § 8, Clause 15 of the U.S. Constitution, and only for the express and explicit purposes enumerated in the Constitution, to “execute the Laws of the Union,” repel an invasion, or suppress an insurrection. We call upon the N.C. General Assembly to enact legislation prohibiting deployment of the state National Guard unless Congress and the President of the United States have complied with this constitutional mandate.

“Although Congress has not declared war since 1942, the nation has since gone to war repeatedly at the whim of the executive branch,” said Joe Garcia, LPNC party chair. “And Congress has let it happen.”

“About 45 percent of the forces sent to Iraq and Afghanistan were Guard and Reserves, and they took about 18.4 percent of the casualties,” Garcia noted.

The resolution notes that James Madison, the Constitution’s author, warned against this when he said, “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.”

Since 2015, 13 state legislatures have considered a Defend the Guard bill. The first bill was introduced in the West Virginia House of Delegates by Pat McGeehan, a former U.S. Air Force intelligence officer.

The legislatures of Kentucky, Maryland, Florida, South Carolina, New Hampshire, Idaho, Michigan, Missouri, Oklahoma, Hawaii, and Arizona have also considered similar bills.

A Resolution to Defend the North Carolina National Guard

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

Whereas in spite of the clear language of the U.S. Constitution, vesting the power to declare war exclusively in the U.S. Congress, the U.S. Executive Branch has unconstitutionally assumed that power while the Congress has abdicated its constitutional duty;

Whereas the Father of the Constitution, James Madison, 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 although the U.S. Congress has not declared war since 1942, the nation has since gone to war repeatedly at the whim of the executive branch; and

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; now, therefore, be it

Resolved that the Libertarian Party of North Carolina:

1. calls upon the North Carolina General Assembly to enact legislation to prohibit the North Carolina National Guard and any member thereof to be released from the state into active duty combat unless the U.S. Congress has declared war pursuant to Article I, § 8, Clause 15 of the U.S. Constitution, and only for the express and explicit purposes enumerated in the Constitution, to “execute the Laws of the Union,” repel an invasion, or suppress an insurrection, and

2. calls upon the Governor of North Carolina not to comply with any order from the federal government to release the North Carolina National Guard or any member thereof into federal service unless the U.S. Congress has fulfilled its Constitutional mandate.