[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 518 Introduced in House (IH)]







107th CONGRESS
  2d Session
H. CON. RES. 518

 Expressing the sense of Congress that the deployment of United States 
 Armed Forces against Iraq without prior specific authorization by the 
      United Nations Security Council and specific congressional 
   authorization pursuant to a declaration of war would constitute a 
  violation of the obligations of the United States under the United 
  Nations Charter and a violation of the United States Constitution, 
                             respectively.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 14, 2002

 Ms. Carson of Indiana submitted the following concurrent resolution; 
     which was referred to the Committee on International Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
 Expressing the sense of Congress that the deployment of United States 
 Armed Forces against Iraq without prior specific authorization by the 
      United Nations Security Council and specific congressional 
   authorization pursuant to a declaration of war would constitute a 
  violation of the obligations of the United States under the United 
  Nations Charter and a violation of the United States Constitution, 
                             respectively.

Whereas the United States form of government was founded upon many principles, 
        including the principle of ``a decent respect [for] the opinions of 
        mankind'';
Whereas the United States, like most other countries, is a member of the United 
        Nations by reason of being a party to the Charter of the United Nations 
        (signed at San Francisco on June 26, 1945), an international treaty 
        establishing the United Nations and setting forth the responsibilities 
        and obligations of members of the United Nations;
Whereas Article VI, clause 2 of the United States Constitution provides in part 
        that ``[t]his Constitution, and the Laws of the United States which 
        shall be made in Pursuance thereof; and all Treaties made, or which 
        shall be made, under the Authority of the United States, shall be the 
        supreme Law of the land'';
Whereas the United Nations Charter prohibits any member nation from initiating 
        the use of force against any other nation in the absence of 
        authorization from the United Nations Security Council unless such use 
        of force is used for purposes of self-defense;
Whereas violation by a member nation of this prohibition contained in the United 
        Nations Charter would constitute a violation of that nation's 
        obligations under the Charter and, with respect to such a violation by 
        the United States, would constitute a violation of ``the supreme Law'' 
        of the United States;
Whereas Article I, section 8, clause 11 of the United States Constitution 
        provides Congress with the exclusive authority to declare war;
Whereas this authority to declare war cannot be delegated to any other branch of 
        the United States Government except by an amendment to the Constitution; 
        and
Whereas section 3(a) of the Authorization for Use of Military Force Against Iraq 
        Resolution of 2002 (Public Law 107-243), enacted on October 16, 2002, 
        which provides that ``[t]he President is authorized to use the Armed 
        Forces of the United States as he determines to be necessary and 
        appropriate in order to (1) defend the national security of the United 
        States against the continuing threat posed by Iraq; and (2) enforce all 
        relevant United Nations Security Council resolutions regarding Iraq'', 
        is an unconstitutional delegation by Congress to the President of the 
        authority to determine whether the United States shall initiate war 
        against Iraq: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of Congress that the deployment of United States 
Armed Forces against Iraq without prior specific authorization by the 
United Nations Security Council and specific congressional 
authorization pursuant to a declaration of war would constitute a 
violation of the obligations of the United States under the United 
Nations Charter and a violation of Article I, section 8, clause 11 of 
the United States Constitution, respectively.
                                 <all>