SJR 19: Urging the President of the United States and the United States Secretary of Defense to order the withdrawal of members of the Alaska National Guard from Iraq and to order the members to return to Alaska; urging that the service of the Alaska National Guard be limited to service within Alaska unless lawfully called into federal service; and urging the attorney general to defend any decision to consent or not to consent to the deployment of the Alaska National Guard to Iraq.
00 SENATE JOINT RESOLUTION NO. 19 01 Urging the President of the United States and the United States Secretary of Defense to 02 order the withdrawal of members of the Alaska National Guard from Iraq and to order 03 the members to return to Alaska; urging that the service of the Alaska National Guard 04 be limited to service within Alaska unless lawfully called into federal service; and urging 05 the attorney general to defend any decision to consent or not to consent to the 06 deployment of the Alaska National Guard to Iraq. 07 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 WHEREAS the war in Iraq has entered its sixth year, resulting in the deaths of over 09 4,000 American service men and women; and 10 WHEREAS the cost of the war now exceeds $1,300,000,000,000, the equivalent of 11 $16,500 for each American family of four, and the cost continues to rise; and 12 WHEREAS the Department of the Army first alerted and then deployed members of 13 the Alaska National Guard to Iraq; and 14 WHEREAS the planned deployment of Alaska National Guard forces represents a
01 significant percentage of the total strength of the Alaska National Guard and is the largest 02 deployment of Alaska National Guard personnel since World War II; and 03 WHEREAS Alaska residents have expressed concern that the loss of the Alaska 04 National Guard could impair the state's ability to respond to an emergency; and 05 WHEREAS, even if those adverse effects on the Alaska National Guard were absent, 06 and assuming, for the sake of argument, that the war was lawful when commenced, the 07 presence of Alaska National Guard members in Iraq is no longer lawful; and 08 WHEREAS, under art. I, sec. 8, Constitution of the United States, the United States 09 Congress may call "forth the militia to execute the laws of the Union, suppress insurrections, 10 and repel invasions"; and 11 WHEREAS, since 1933, federal law has provided that persons enlisting in a state 12 National Guard unit simultaneously enlist in the National Guard of the United States, part of 13 the United States Army; enlistees retain their status as state guard members unless and until 14 ordered to active federal duty and revert to state status on being relieved from federal service; 15 and 16 WHEREAS, under the United States Constitution, each state's National Guard unit is 17 controlled by the governor, but can be called up for federal duty by the President if the 18 President is acting under the United States Constitution and the laws of the United States; and 19 WHEREAS P.L. 93-148 (War Powers Resolution of 1973) specifically limits the 20 power of the President of the United States to wage war without the approval of the United 21 States Congress; and 22 WHEREAS, in October 2002, the United States Congress authorized military force 23 under P.L. 107-243 (Authorization for Use of Military Force Against Iraq Resolution of 24 2002), a law enacted in response to a presidential request under P.L. 93-148 (War Powers 25 Resolution of 1973); and P.L. 107-243 (Authorization for Use of Military Force Against Iraq 26 Resolution of 2002), which stated, in part, that "the President is authorized to use the Armed 27 Forces of the United States as he determines to be necessary and appropriate in order to (1) 28 defend the national security of the United States against the continuing threat posed by Iraq; 29 and (2) enforce all relevant United Nations Security Council Resolutions regarding Iraq"; and 30 WHEREAS P.L. 107-243 (Authorization for Use of Military Force Against Iraq 31 Resolution of 2002) contained neither a termination date nor a process or procedure to
01 determine when the authorization should terminate; and 02 WHEREAS the Armed Forces of the United States, including members of the Alaska 03 National Guard and guard members from other states, have long since addressed the purposes 04 recited under P.L. 107-243 (Authorization for Use of Military Force Against Iraq Resolution 05 of 2002), because Iraq does not pose a continuing threat to the national security of the United 06 States, and there is not an extant United Nations Security Council Resolution to be enforced; 07 and 08 WHEREAS the President of the United States may not maintain United States forces, 09 and in particular, members of the Alaska National Guard, in Iraq for a purpose other than the 10 purposes set out by the United States Congress in P.L. 107-243 (Authorization for Use of 11 Military Force Against Iraq Resolution of 2002), without a specific date for withdrawal of 12 United States forces from Iraq or a method or formula for determining the time for 13 withdrawal, and in the absence of Congressional legislation curing these omissions, the 14 President is required to order the withdrawal of troops within a reasonable time and in a 15 reasonable manner; however, the President has not taken that action; and 16 WHEREAS, other than P.L. 107-243 (Authorization for Use of Military Force 17 Against Iraq Resolution of 2002), there is no authority in the Constitution of the United States 18 or the laws of the United States for the continued presence of Alaska National Guard 19 members in Iraq; and 20 WHEREAS P.L. 107-243 (Authorization for Use of Military Force Against Iraq 21 Resolution of 2002) has expired, and further authorization has not been issued; and 22 WHEREAS the maintenance of members of the Alaska National Guard in Iraq 23 beyond the time and scope in P.L. 107-243 (Authorization for Use of Military Force Against 24 Iraq Resolution of 2002) has resulted in significant harm to members of the Alaska National 25 Guard and their families, including death and injury, loss of time together, and financial 26 hardship; 27 BE IT RESOLVED that the Alaska State Legislature respectfully requests the 28 President of the United States and the United States Secretary of Defense to withdraw all 29 Alaska National Guard troops from Iraq in the absence of a valid and existing congressional 30 mandate for that service; and be it 31 FURTHER RESOLVED that the Alaska State Legislature urges the President of the
01 United States to order the return of members of the Alaska National Guard to Alaska; and be 02 it 03 FURTHER RESOLVED that the Alaska State Legislature urges that the service of 04 the Alaska National Guard be limited to service within and on behalf of the State of Alaska, 05 unless called into federal service under a declaration of war or a legally enacted and valid 06 federal statute authorizing the use of military force; and be it 07 FURTHER RESOLVED that the Alaska State Legislature urges the attorney general 08 to appear in any state or federal court with jurisdiction over the deployment of the Alaska 09 National Guard to defend any decision to consent, or not to consent, to the deployment of the 10 Alaska National Guard to Iraq or to file an action on behalf of the State of Alaska with respect 11 to service by members of the Alaska National Guard in Iraq. 12 COPIES of this resolution shall be sent to the Honorable Barack Obama, President of 13 the United States; the Honorable Robert M. Gates, United States Secretary of Defense; the 14 Honorable Wayne Anthony Ross, Alaska Attorney General designee; and the Honorable Lisa 15 Murkowski and the Honorable Mark Begich, U.S. Senators, and the Honorable Don Young, 16 U.S. Representative, members of the Alaska delegation in Congress.