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SB 156

Military - As introduced, prohibits the Tennessee national guard, or a member of the national guard, from being released from state duty into federal active duty combat unless the United States congress has passed an official declaration of war or has taken an official action pursuant to Article 1, Section 8, Clause 15, of the United States Constitution to explicitly call forth the Tennessee national guard or a member of the national guard for the enumerated purposes to expressly execute the laws of the union, repel an invasion, or suppress an insurrection. - Amends TCA Title 58, Chapter 1.

114th Regular Session (2025-2026) Introduced by Joey Hensley

Tennessee prohibits National Guard deployment to federal combat duty without Congressional war declaration or explicit constitutional authorization, restricting presidential military deployment authority within the state.

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Bill Summary · SB 156

Legislative bill overview

SB 156 restricts Tennessee National Guard members from being deployed into federal active duty combat unless Congress has formally declared war or explicitly invoked constitutional authority to call forth the Guard for specific enumerated purposes (executing laws, repelling invasion, or suppressing insurrection). The bill amends Tennessee state law to impose this constraint on state-controlled military personnel.

Why is this important

This bill addresses the tension between state and federal authority over National Guard forces, a longstanding constitutional question. It could significantly limit the President's ability to deploy Tennessee's Guard for military operations without explicit Congressional action, potentially affecting military readiness and federal-state relations during national security crises.

Potential points of contention

  • Constitutional authority conflict: Federal law and court precedent generally establish that the President can order National Guard units into federal service; this bill may be preempted by federal statute and conflict with the Supremacy Clause
  • Military readiness concerns: The restriction could hamper rapid response to emerging threats or military operations deemed necessary by federal leadership but lacking formal Congressional declaration
  • Practical enforcement: Unclear how Tennessee could enforce compliance when the Guard operates under federal command once federalized, potentially creating legal disputes without meaningful enforcement mechanisms

Compiled from official sources — confirm details with the bill’s official record.

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