Tennessee Governor Bill Lee shakes hands with a member of the Tenn. Army National Guard’s 2-135th Aviation Regiment headquartered in Louisville during a visit, Friday, January 3, ahead of the unit’s deployment to Kosovo. (Photo by Tenn. Air Guard Master Sgt. Kendra Owenby)
Tennessee’s Attorney General issued a rare opinion, questioning the legality of a bill sponsored by 13 Republicans to limit the President’s ability to federalize the state national guard.
The proposed legislation would allow the President to take control of the Tennessee National Guard only if the U.S. Congress passed a declaration of war or if asked to “execute the laws of the union, repel an invasion or suppress an insurrection.”
Tennessee Attorney Jonathan Skrmetti said the bill’s requirements conflict with the federal War Powers Resolution, allowing the President to call up national guards for military actions without officially declaring war.
Tennessee Attorney General Jonathan Skrmetti (Photo: John Partipilo)