WV SB22

Prohibits the West Virginia National Guard from being released into active-duty combat unless Congress has issued an official declaration of 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 Guard members under state control absent a formal congressional authorization

Cites constitutional findings that Congress alone holds the power to declare war, arguing the executive branch has unconstitutionally assumed this authority for over 70 years

Introduced January 14, 2026, by Senator Rose and referred to the Committees on Military and Judiciary