HOUSE JOINT MEMORIAL 18

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Ray Begaye

A JOINT MEMORIAL

REQUESTING THE PRESIDENT AND SECRETARY OF DEFENSE TO WITHDRAW ALL NEW MEXICO NATIONAL GUARD TROOPS FROM IRAQ IN ABSENCE OF A VALID CONGRESSIONAL AUTHORIZATION FOR SUCH SERVICE; REQUESTING THE DEPARTMENT OF DEFENSE TO CANCEL ANY PENDING DEPLOYMENT OF THE NEW MEXICO NATIONAL GUARD TO IRAQ; REQUESTING THE GOVERNOR TO WITHHOLD CONSENT FROM ANY FURTHER DEPLOYMENT OF THE NEW MEXICO NATIONAL GUARD TO IRAQ.  

     WHEREAS, the war in Iraq has entered its sixth year, resulting in the deaths of over four thousand American military men and women, and the cost of the war now exceeds one trillion three hundred billion dollars ($1,300,000,000,000), which corresponds to sixteen thousand five hundred dollars ($16,500) for each American family of four and continues to rise; and

     WHEREAS, the United States department of the army has directed the New Mexico national guard to prepare for a new deployment to Iraq in 2009; and

     WHEREAS, Governor Richardson has expressed concern that the loss of the New Mexico national guard's heavy trucks and Blackhawk helicopters to deployment in Iraq may impair the state's ability to respond to an emergency; and

     WHEREAS, even if such adverse impacts on the New Mexico national guard were absent, and assuming arguendo that the war in Iraq was lawful when commenced, the presence of the New Mexico national guard members in Iraq is not now lawful; and

     WHEREAS, pursuant to Article I, Section 8 of the United States constitution, congress may call forth the militia to execute the laws of the union, suppress insurrection and repel invasions; and

     WHEREAS, since 1933, federal law has provided that persons enlisting in a state national guard unit simultaneously enlist in the national guard of the United States, part of the United States army; and

     WHEREAS, the enlistees retain their status as state guard members unless and until ordered to active federal duty and then revert to state status upon being relieved from federal service; and

     WHEREAS, pursuant to the United States constitution, each state's national guard unit is controlled by the governor, but can be called up for federal duty by the president, provided that the president is acting pursuant to the constitution and laws of the United States; and

     WHEREAS, the War Powers Act of 1973 (Public Law 93-148) specifically limits the power of the president of the United States to wage war without the approval of congress; and

     WHEREAS, in October 2002, the United States congress authorized military force pursuant to the Authorization for the Use of Military Force Against Iraq (Public Law 107-243 or the AUMF), a law enacted in response to a presidential request pursuant to the War Powers Act; and

     WHEREAS, the AUMF stated in part that the president is authorized to use the armed forces of United States as the president determines to be necessary and appropriate in order to defend the national security of the United States against the continuing threat posed by Iraq and enforce all relevant United Nations security council resolutions regarding Iraq; and

     WHEREAS, the AUMF contained neither a termination date nor a process or procedure to determine when the authorization should terminate; and

     WHEREAS, United States military forces, including members of the New Mexico national guard and guard members from other states, have long since addressed the purposes recited in the AUMF, and Iraq does not pose a continuing threat to the national security of the United States nor is there an extant United Nations security council resolution to be enforced; and

     WHEREAS, the president may not maintain United States military forces, and in particular members of the New Mexico national guard, in Iraq other than for the purposes set forth by congress in the AUMF; and

     WHEREAS, without a specific date for withdrawal of United States military forces from Iraq in the AUMF or a method or formula for determining the time for withdrawal, and in the absence of congressional legislation curing these omissions, the president is required to order the withdrawal of troops within a reasonable time and in a reasonable manner; and

     WHEREAS, the president has taken no such action; and

     WHEREAS, other than the AUMF, there is no authority pursuant to the constitution or the laws of the United States for the continued presence of New Mexico national guard members in Iraq; and

     WHEREAS, the maintenance of New Mexico national guard members in Iraq beyond the time and scope set forth in the AUMF has resulted in significant harm to guard members and their families, including death and injury, loss of time together and financial hardship; and

     WHEREAS, since New Mexico is home to five military-related institutions that have handled and continue to handle extremely dangerous radioactive materials and explosives, and the wildfire probabilities due to increased global warming and drought are significant, national guard members are needed in New Mexico;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the president of the United States be requested to order the return of the New Mexico national guard units and that the governor of New Mexico be requested to consent to New Mexico national guard units being limited to service within and on behalf of the state of New Mexico, unless called into federal service pursuant to a declaration of war or a duly enacted and substituting federal statute authorizing the use of military force; and

     BE IT FURTHER RESOLVED that the state attorney general be requested to appear in any state or federal court with jurisdiction over the deployment of the New Mexico national guard to defend any decision to consent, or not to consent, to the deployment of the New Mexico national guard to Iraq or to file an action on behalf of the state of New Mexico with respect to deployment; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the president of the United States, the secretary of defense, the governor, members of the New Mexico congressional delegation and the state attorney general.

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