[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 27 Introduced in House (IH)]







107th CONGRESS
  1st Session
H. J. RES. 27

   To repeal the War Powers Resolution to fulfill the intent of the 
framers of the Constitution that Congress and not the President has the 
             power to declare war, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 6, 2001

Mr. Paul introduced the following joint resolution; which was referred 
  to the Committee on International Relations, and in addition to the 
Committees on Armed Services, Rules, and the Judiciary, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisons as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                            JOINT RESOLUTION


 
   To repeal the War Powers Resolution to fulfill the intent of the 
framers of the Constitution that Congress and not the President has the 
             power to declare war, and for other purposes.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,   

SECTION 1. SHORT TITLE.

    This joint resolution may be cited as the ``Constitutional War 
Powers Resolution of 2001''.

SEC. 2. PURPOSE.

    It is the purpose of this joint resolution to fulfill the intent of 
the framers of the Constitution that Congress and not the President has 
the power to declare war.

SEC. 3. REPEAL OF WAR POWERS RESOLUTION.

    The War Powers Resolution (Public Law 93-148; 50 U.S.C. 1541 et 
seq.) is repealed.

SEC. 4. DEPLOYMENT OF ARMED FORCES INTO HOSTILITIES AND OTHER SIMILAR 
              SITUATIONS.

    (a) Requirement.--Elements of the Armed Forces may be deployed into 
hostilities outside the United States or into situations where imminent 
involvement in hostilities outside the United States is clearly 
indicated by the circumstances only pursuant to (1) a declaration of 
war under article 1, section 8 of the Constitution, or (2) an attack 
upon the United States or the territories or possessions of the United 
States.
    (b) Prohibition on Use of Funds.--None of the funds appropriated or 
otherwise made available to the Department of Defense may be obligated 
or expended for the deployment of elements of the Armed Forces in 
contravention of subsection (a).
    (c) Effective Date.--This section applies with respect to the 
deployment of elements of the Armed Forces before, on, or after the 
date of the enactment of this joint resolution.

SEC. 5. STANDING TO CHALLENGE PRESIDENTIAL ORDERS WHICH CONTRAVENE 
              SECTION 4.

    (a) Standing.--The following persons may bring an action in an 
appropriate United States court to challenge the validity of any 
Presidential order which contravenes section 4 of this Act:
            (1) Congress and its members.--The House of 
        Representatives, the Senate, any Senator, and any 
        Representative to the House of Representatives.
            (2) Aggrieved persons.--Any person aggrieved in a liberty 
        or property interest adversely affected directly by the 
        challenged Presidential order.
    (b) Definition.--In this section, the term ``Presidential order'' 
means--
            (1) any Executive order, Presidential proclamation, or 
        Presidential directive; and
            (2) any other Presidential or Executive action by whatever 
        name described which is issued under the authority of the 
        President or any other officer or employee of the executive 
        branch.
                                 <all>