An Act To Limit the Use of the National Guard to Situations Specifically Authorized by the United States Constitution
Maine Legislature, Session 125, LD 1305
Committee: Veterans and Legal Affairs
Sponsors: LIBBY, BARTLETT, CEBRA, CRAFTS, GIFFORD, HINCK, O'CONNOR, SIROCKI, JACKSON
Amends: 37-B MRSA §190

Legislative Document 
No. 1305 
H.P. 957 
House of Representatives, March 24, 2011 
An Act To Limit the Use of the National Guard to Situations 
Specifically Authorized by the United States Constitution 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative LIBBY of Waterboro. 
Cosponsored by Senator BARTLETT of Cumberland and 
Representatives: CEBRA of Naples, CRAFTS of Lisbon, GIFFORD of Lincoln, HINCK of 
Portland, McCABE of Skowhegan, O'CONNOR of Berwick, SIROCKI of Scarborough, 
Senator: JACKSON of Aroostook. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  37-B MRSA §190 is enacted to read: 
§190.  Maine National Guard deployment for federal purposes 
1.  Findings.  The Legislature finds the following. 
A.  Under the United States Constitution, Article II, Section 2, the President of the 
United States is the Commander in Chief of the militia of the several states but only 
when that militia is called into actual service of the United States pursuant to the 
United States Constitution. 
B.  The United States Constitution, Article I, Section 8, delegates to the United States 
Congress the power to provide for calling forth the militia only in the following 3 
situations: 
(1)  To execute the laws of the union; 
(2)  To suppress insurrections; and 
(3)  To repel invasions. 
C.  The United States Constitution, Amendment X, which states that 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," 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 United States Constitution. 
2.  Governor to withhold approval of the transfer of the Maine National Guard.  
The Governor shall withhold approval of the transfer of the Maine National Guard to 
federal control in the absence of: 
A.  A military invasion of the United States; 
B.  An insurrection; or 
C.  A calling forth of the National Guard by the United States Congress, in a manner 
authorized by the United States Constitution, to execute the laws of the United States, 
as long as those laws were made in accordance with the powers delegated to the 
Federal Government in the United States Constitution. 
3.  Review of federal orders.  The Governor shall examine every federal order that 
places the Maine National Guard on federal active duty, including any order that is in 
effect on the effective date of this section, to determine whether the order complies with 
the requirements of subsection 2 and the United States Constitution, Article I, Section 8.  
If the Governor determines that the order does not meet the requirements of subsection 2 
or the United States Constitution, the Governor shall take all appropriate action to prevent 
the Maine National Guard from being placed or kept on federal active duty. 
4.  Report.  Within 30 days of the review completed pursuant to subsection 3, the 
Governor shall submit a report to the joint standing committee of the Legislature having 
jurisdiction over military affairs that summarizes the Governor's review of every order 
that placed the Maine National Guard on federal active duty, including any order that is in 
effect on the effective date of this section, and any action the Governor has taken in 
response to that review. 
SUMMARY 
This bill requires the Governor to withhold or withdraw approval of the transfer of 
the Maine National Guard to federal control in the absence of an explicit authorization in 
pursuance of the powers delegated to the Federal Government in the United States 
Constitution, Article I, Section 8.