[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 41 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
S. J. RES. 41

 Calling for Congress to consider and vote on a resolution for the use 
  of force by the United States Armed Forces against Iraq before such 
                           force is deployed.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 18, 2002

Mr. Specter (for himself and Mr. Harkin) introduced the following joint 
   resolution; which was read twice and referred to the Committee on 
                           Foreign Relations

_______________________________________________________________________

                            JOINT RESOLUTION


 
 Calling for Congress to consider and vote on a resolution for the use 
  of force by the United States Armed Forces against Iraq before such 
                           force is deployed.

Whereas Iraq has consistently breached its cease-fire agreement between Iraq and 
        the United States, entered into on March 3, 1991, by failing to 
        dismantle its weapons of mass destruction program, and refusing to 
        permit monitoring and verification by United Nations inspections;
Whereas Iraq has developed weapons of mass destruction, including chemical and 
        biological capabilities, and has made positive progress toward 
        developing nuclear weapons capabilities;
Whereas in his January 29, 2002 ``State of the Union'' address the President 
        characterized Iraq, Iran, and North Korea as an ``axis of evil'';
Whereas the Secretary of State distinguished Iraq from Iran and North Korea in 
        his testimony before the Senate Budget Committee on February 12, 2002, 
        stating that ``for several years now [it has been] a policy of the 
        United States government that a regime change would be in the best 
        interest of the region, [and] the best interest of the Iraqi people'';
Whereas in his February 12, 2002 testimony, the Secretary of State specifically 
        stated, ``With respect to Iran and with respect to North Korea, there is 
        no plan to start a war with these nations'', raising the implication 
        that the United States had a plan to start a war with Iraq;
Whereas there have been repeated reports in the news media on U.S. plans to use 
        force against Iraq and statements by the President and the Vice 
        President on the intention of the United States to use force against 
        Iraq:

    (1) The New York Times, February 16, 2002, quoting Vice President 
Cheney saying, ``The President is determined to press on and stop Iraq . . 
. from continuing to develop weapons of mass destruction'' and intends to 
use ``the means at our disposal--including military, diplomatic and 
intelligence to address these concerns'';

    (2) New York Times on July 9, 2002, quoting President Bush on Iraq: 
``It's the stated policy of this government to have regime change and it 
hasn't changed. And we'll use all tools at our disposal to do so.''

Whereas Congress has the exclusive authority to declare war under Article I, 
        Section 8 of the United States Constitution;
Whereas the President has authority under Article II, Section 2, of the United 
        States Constitution as Commander-in-Chief, which authorizes him to take 
        military action in an emergency when Congress does not have time to 
        deliberate and decide on a declaration of war or the equivalent 
        authorization for the use of force;
Whereas, within the past half century, Presidents have unilaterally initiated 
        military actions in Korea, Vietnam, Grenada, Lebanon, Panama, Somalia, 
        and Kosovo;
Whereas President George H.W. Bush, although initially stating publicly that he 
        did not need congressional action, ultimately requested authorization 
        from Congress, which was granted in January 1991, to use force against 
        Iraq under circumstances similar to the present situation;
Whereas there is adequate time for the Congress to deliberate and decide on the 
        authorization to initiate military action against Iraq;
Whereas if Congress takes no action in the current situation where there is 
        adequate time to deliberate and decide, there will be a significant 
        further, if not virtually complete, erosion of congressional authority 
        under Article I, Section 8 of the United States Constitution; and
Whereas this resolution takes no position on whether such authorization should 
        or should not be granted by Congress: Now, therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Congress consider and 
vote on a resolution authorizing the use of force by the United States 
Armed Forces against Iraq before such force is deployed against Iraq.
                                 <all>