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Under the proposed law, the Kentucky governor could not release the state’s National Guard units into “active duty combat” unless the federal government has satisfied any outstanding balance to the Kentucky National Guard and Congress has “passed an official declaration of war or taken official action pursuant to Article 1, Section 8, Clause 15 of the United States Constitution to explicitly call forth the Kentucky National Guard and any member of the Guard for enumerated purposes to expressly execute the laws of the Commonwealth, repel invasion, or suppress insurrections.” ....

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