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State National Guard deployment changes killed on Senate floor

File
File

The Senate is killing a bill limiting circumstances under which the state’s National Guard can be deployed.

Sen. Tom Pischke is co-majority whip from Dell Rapids. His bill would mandate an official declaration of war or Congressional action before the state Guard can be deployed.

“The founding fathers, wary of unchecked power, ensured the power to wage war rested with the representatives of the people," Pischke said. "Not with a single executive, not with military strategists, and certainly not through bureaucratic loopholes or executive fiat. Yet, despite these legal constraints, successive administrations have bypassed them, deploying the National Guard to foreign conflicts without proper congressional authorization.”

That prompted steep discussion among lawmakers, particularly those who have previously served. Among them was Watertown Republican Sen. Glen Vilhauer, who said the role of the Guard is changing.

“When I joined the Guard, the oath I took said I would protect and preserve the Constitution of South Dakota, as well as the preserve and protect the Constitution of the United States," Vilhauer said. "I’m going to borrow a term from my colleague across the aisle here – I joined the National Guard, not the state guard. Please vote against this.”

The bill was strongly opposed by South Dakota National Guard Adjutant General Mark Morrell.

In a statement to SDPB he wrote, “Gov. Rhoden’s priorities are making sure that SD remains strong, safe and free. The South Dakota National Guard (SDNG) members and their families across our great state play a vital role in each of those. We are a trained and ready military force who are the primary combat reserve of the Army and Air Force and we stand ready to defend our nation at home and abroad. Because of our tremendous training and the high quality equipment we have, we are also very capable of responding to domestic crises here in South Dakota to protect life and property and ensure peace on behalf of our fellow citizens when called upon by the governor. Moreover, we are friends and neighbors in our communities across the state, invested in, working in, and raising families right along side all of you.

"SB 82 sought to create a state law attempting to restrict the federal mobilization of the South Dakota National Guard," Morrell continued. "In short, the bill tries to solve a federal issue, and a resolution is best found in dialogue with our delegation in the US Congress. I appreciate the legislature for listening to our concerns and supporting the SDNG by defeating this bill. As citizen-warriors, we are committed to this grand experiment in self-governance. So we value the spirited and respectful debate and dialogue in working on different legislative ideas."

C.J. Keene is a Rapid City-based journalist covering the legal system, education, and culture