WV SB468

Prohibits the West Virginia National Guard from being released into active-duty combat unless Congress has officially declared war or explicitly called forth the militia 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 duty through an instrumentality of war

Requires the Governor to take all necessary actions to keep National Guard members under state control absent a congressional declaration of war

Asserts that the Executive Branch has unconstitutionally assumed war powers while Congress has abdicated its constitutional duty to declare war

Cites the Kentucky and Virginia Resolutions of 1798 as precedent for states to remedy unconstitutional federal actions regarding military deployments