WV HB2591

Prohibits the West Virginia National Guard from being released into active duty combat unless Congress has formally declared war or explicitly called forth the militia under Article I, Section 8 of the U.S. Constitution

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

Requires the Governor to take all necessary actions to ensure National Guard members are not deployed to combat zones without congressional authorization

Asserts that the executive branch has unconstitutionally assumed war powers that belong exclusively to Congress, citing founding fathers including Washington, Madison, Jefferson, and Hamilton

References the Kentucky and Virginia Resolutions of 1798 as precedent for states taking action to remedy unconstitutional federal actions