MS HB1056

Prohibits the Mississippi National Guard from being released into active duty combat unless the United States Congress has declared war or explicitly called forth the guard under Article I, Section 8, Clause 15 of the U.S. Constitution.

Defines "active duty combat" as participation in armed conflict, performance of hazardous service in a foreign state, or performance of duty through an instrumentality of war in active federal military service.

Requires the Governor to take all necessary actions to ensure compliance with the prohibition on releasing guard members without a formal congressional declaration of war or explicit call to suppress insurrection or repel invasion.

Cites concerns that the executive branch has unconstitutionally assumed war powers that Article I, Section 8 vests exclusively in Congress, and notes Congress has not declared war in over 70 years.

Takes effect July 1, 2025.