CHARLESTON — A bill to prohibit the federal government’s use of the West Virginia National Guard was nearly discharged from the Veterans Affairs and Homeland Security Committee on Tuesday, with the motion failing after a tie vote in the House of Delegates.
Del. Pat McGeehan, R-Hancock, the lead sponsor of House Bill 2732, the Defend the Guard Act, moved to discharge the bill from the minor committee and send it to the Judiciary Committee instead. The bill would prohibit the overseas deployment of the state National Guard without an official declaration of war from Congress. The last time an official declaration of war was issued was World War II.
McGeehan, who has introduced the bill in past sessions, said the bill is to put pressure on lawmakers in Washington, D.C., to do their jobs and actually debate the merits of war.
“War is the most serious operation, most serious enterprise a government could engage in,” McGeehan, an Air Force veteran, said. “ … We’ve lost sight of that since the World Wars.”
The bill was placed on the Veterans Affairs Committee schedule last week until it was “ordered by the powers that be” to be removed, McGeehan said.
“The idea we need to run it through the committee process is kind of a farce,” he said.
Del. Tom Bibby, R-Berkeley, chairman of the Veterans Affairs Committee, said he was committed to running the bill. The committee also passed the bill last year, under leadership of Del. Tony Paynter, R-Wyoming, but it was never picked up by the Judiciary Committee.
Bibby, a veteran, said he thinks it is a good bill, though he said he knows it would never get picked up by the Senate.
“Any discussions when it comes to war and peace, those are important things we need to talk about — where we are headed,” Bibby said. “We’ve gone far from where our Founding Fathers wanted us to be. It’s important we take a stand. We want our nation to be strong, but we’ve got to stop the endless wars we’ve had in the last 50 years.”
Del. S. Marshall Wilson, I-Berkeley, also rose in support of the bill. An Army veteran himself, he said his daughter is currently deployed overseas with the Guard and his son is about to apply to a military academy.
“They are going to take my kids,” he said. “They have to answer for it.”
The National Guard is federally funded, but controlled by the states. However, the president also has authority to deploy the Guard. In 1986, Congress passed the “Montgomery Amendment,” which prohibits state governors from withholding consent to the overseas deployment of National Guard units. The amendment was upheld by the Supreme Court in 1990.
According to Military.com, Guard and Reserve units made up about 45% of the total force sent to Iraq and Afghanistan, and received about 18.4% of the casualties. Since 9/11, the West Virginia National Guard has deployed over 12,000 soldiers and airmen in support of overseas global missions, according to their website.
Last year, Sgt. William Friese, 30, of Parkersburg, died at Camp Buehring in Kuwait from a non-combat-related incident while serving in support of Operation Inherent Resolve. McGeehan said Friese’s death is an example of the real-world consequences to inaction.
Those against discharging the bill said they wanted it to move through the committee process proper. Del. Daryl Cowles, R-Morgan, said he needed to know more about the ramifications from the federal government of passing such a bill.
“What happens to our bases?” he mused.
McGeehan said since he introduced the bill last year, a coalition has been formed and 10 other states have already introduced similar legislation, with at least 10 more on the way.
“Washington, by and large, is a lost cause,” he said.
The motion to discharge failed 50-50. Bibby said the bill will be placed on his committee’s agenda next week. The Veterans Affairs Committee has previously met on Tuesdays.
Follow reporter Taylor Stuck on Twitter and Facebook @TaylorStuckHD.
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