TBA Law Blog


Posted by: Julia Wilburn on Feb 2, 2024

Tennessee Attorney General Jonathan Skrmetti published an opinion on Jan. 19 about a proposed bill that would prohibit the Tennessee National Guard from being released into federal active duty combat unless the U.S. Congress declares war. The Tennessean reports that HB1609, sponsored by Rep. Jay Reedy, R-Erin, would make exceptions to expressly execute the laws of the union, repel an invasion or suppress an insurrection. Skrmetti's opinion says the proposal is “constitutionally suspect” under the Supremacy Clause of the U.S. Constitution. “While the constitutionality of the War Powers Resolution has been questioned, it remains controlling federal law ... Under the War Powers Resolution, Congress may authorize the president to use military force without a declaration of war, and even when Congress may decide to make a declaration of war, the War Powers Resolution allows the president to use military force before any such declaration is made.” Read the opinion.