27 August, 2025
wes-moore-advocates-for-national-guard-reform-amidst-constitutional-debate

This month, Maryland Governor Wes Moore participated in a discussion at the renowned Politics & Prose bookstore in Washington, D.C., focusing on “the role of states in preserving and advancing U.S. democracy.” During the event, Moore emphasized the need for a renewed partnership between state and federal governments, stating, “The partnership that we came to rely on between the federal government and our states, it’s not that it’s changed, it’s that it’s severed. So what we know is, that means it’s time for us to get creative.”

Moore’s call for creativity in governance resonates with longstanding issues regarding the deployment of state resources, particularly the National Guard. Since 1942, Congress has not formally declared war, despite Article I, Section 8 of the U.S. Constitution granting that power exclusively to Congress. This gap raises questions about the legality of deploying the National Guard for overseas combat without explicit congressional approval.

Defend the Guard Act Gains Support

In response to this constitutional concern, Delegate Robin Grammer has introduced the Defend the Guard Act. This legislation seeks to prohibit the deployment of the Maryland National Guard into active combat overseas unless Congress votes to declare war. Grammer has advocated for this bill over three consecutive sessions, noting that it has been introduced in over 30 states.

“I was very clear to the president of the United States. Listen, my background is not as a politician. My background’s a soldier,” Moore stated during the event. He reinforced his commitment to safeguarding the National Guard’s mission by asserting, “I will not authorize the usage of the Maryland National Guard for any mission that is either not mission-aligned nor mission-critical.”

The implications of unauthorized deployments extend beyond legalities; they also impact local communities. For instance, during spring floods affecting western Maryland, the absence of National Guard personnel could hinder emergency response efforts. “What could be more deleterious to the people of Maryland than depriving them of critical manpower?” Grammer questioned, highlighting the human cost of constitutional oversights.

Legislative Challenges and Future Prospects

Despite garnering support from concerned Marylanders, including veterans, the Defend the Guard Act has faced significant hurdles in the legislature. Grammer noted that the bill has received committee hearings but has not yet been voted on. “Is this the sort of ‘democracy’ Gov. Moore wants to preserve, where constituents are denied knowledge of whether their delegates support the unconstitutional deployment of their National Guard?” he asked rhetorically.

Moore acknowledged the serious responsibility that comes with deploying the National Guard, stating, “Because I will not deploy these remarkable men and women for no reason. And definitely not for a publicity stunt.” He emphasized the necessity of understanding the weight of such decisions, suggesting that a debate and vote by Congress should precede any military engagement.

As the discourse surrounding the Defend the Guard Act continues, Grammer plans to reintroduce the legislation in 2026. He expressed hope for Moore’s endorsement and collaboration in advancing the bill, urging that the integrity of the Constitution and the protection of service members must transcend partisan politics. “I eagerly await Gov. Moore’s endorsement and assistance with the bill’s passage, or definitive proof that his outrage at presidential overreach is, to use his own term, ‘performative,’” Grammer concluded.

The ongoing dialogue around the role of states and the constitutional responsibilities of Congress highlights a critical moment in American governance. As the nation grapples with these issues, the stakes are not only legal but profoundly human, impacting the lives of soldiers and the communities they serve.