[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 13 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
S. CON. RES. 13

Expressing the sense of Congress that the President should not initiate 
military action against Iran without first obtaining authorization from 
                               Congress.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 15, 2007

 Mr. Sanders submitted the following concurrent resolution; which was 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
Expressing the sense of Congress that the President should not initiate 
military action against Iran without first obtaining authorization from 
                               Congress.

Whereas article I, section 8 of the United States Constitution grants Congress 
        the power to ``declare war'', to ``lay and collect taxes'', to ``provide 
        for the common defence and general welfare of the United States'', to 
        ``raise and support armies'', to ``provide and maintain a navy'', to 
        ``make rules for the government and regulation of the land and naval 
        forces'', to ``provide for calling forth the militia to execute the laws 
        of the Union, suppress insurrections and repel invasions'', to ``provide 
        for organizing, arming, and disciplining, the militia'', and to ``make 
        all laws which shall be necessary and proper for carrying into execution 
        the foregoing powers, and all other powers vested by this Constitution 
        in the Government of the United States, or in any department or officer 
        thereof'';
Whereas the Constitution also grants Congress exclusive power over the purse, 
        stating, ``No money shall be drawn from the Treasury, but in consequence 
        of appropriations made by law . . . .'';
Whereas the sole war power granted to the executive branch through the President 
        can be found in article II, section 2, which states, ``The President 
        shall be the Commander in Chief of the Army and Navy of the United 
        States, and of the Militia of the several States, when called into the 
        actual Service of the United States . . . .'';
Whereas President George W. Bush and his Administration have argued that this 
        ``Commander in Chief'' clause grants the President wide latitude to 
        engage United States military forces abroad without prior authorization 
        from Congress;
Whereas the President further argues that previous unilateral actions by 
        Presidents of both political parties add credence to this interpretation 
        of the Constitution;
Whereas, in reality, nothing in the history of the ``Commander in Chief'' clause 
        suggests that the authors of the provision intended it to grant the 
        executive branch the authority to engage United States forces in 
        military action without any prior authorization from Congress, except to 
        allow the President to repel sudden attacks and immediate threats;
Whereas in the Federalist Paper Number 69, while comparing the lesser war-making 
        power of the President of the United States with the war-making power of 
        the King of Great Britain, Alexander Hamilton wrote, ``The President is 
        to be commander in chief of the army and navy of the United States. In 
        this respect his authority would be nominally the same with that of the 
        king of Great Britain, but in substance much inferior to it. It would 
        amount to nothing more than the supreme command and direction of the 
        military and naval forces, as first general and admiral of the 
        confederacy; while that of the British king extends to the declaring of 
        war, and to the raising and regulating of fleets and armies; all which, 
        by the constitution under consideration, would appertain to the 
        legislature.'';
Whereas James Madison declared that it is necessary to adhere to the 
        ``fundamental doctrine of the Constitution that the power to declare war 
        is fully and exclusively vested in the legislature'';
Whereas, in 1793, President George Washington, when considering how to protect 
        inhabitants of the frontier of the United States, instructed his 
        Administration that ``no offensive expedition of importance can be 
        undertaken until after [Congress] have deliberated upon the subject, and 
        authorized such a measure'';
Whereas, in 1801, when Thomas Jefferson sent a small squadron of frigates to the 
        Mediterranean to protect against possible attacks by the Barbary powers, 
        he told Congress that he was ``unauthorized by the Constitution, without 
        the sanction of Congress, to go beyond the line of defense'', and 
        further noted that it was up to Congress to authorize ``measures of 
        offense also'';
Whereas, according to the most definitive United States intelligence report, 
        Iran is several years away from developing a nuclear weapon, and even 
        the most pessimistic analysis by outside experts predicts that Iran is 
        at least 3 years away from developing a nuclear weapon, assuming Iran 
        suffers no setbacks during development, which would be unprecedented;
Whereas diplomatic efforts involving Iran, the United States, the European 
        Union, Russia, the People's Republic of China, the International Atomic 
        Energy Agency, and the United Nations Security Council continue; and
Whereas, despite these diplomatic efforts and statements by President Bush and 
        other members of his Administration that diplomacy is the preferred 
        route, there are an increasing number of reports that preparations for 
        war are underway: Now, therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
That Congress--
            (1) strongly affirms that initiating military action 
        against Iran without congressional approval does not fall 
        within the President's ``Commander in Chief'' powers under the 
        Constitution;
            (2) rejects any suggestion that the Authorization for Use 
        of Military Force (Public Law 107-40; 50 U.S.C. 1541 note), 
        approved in response to the terrorist attacks of September 11, 
        2001, explicitly or implicitly extends to authorizing military 
        action against Iran, including over its nuclear program;
            (3) rejects any suggestion that the Authorization for Use 
        of Military Force Against Iraq Resolution of 2002 (Public Law 
        107-243; 50 U.S.C. 1541 note) explicitly or implicitly extends 
        to authorizing military action against Iran, including over its 
        nuclear program; and
            (4) strongly and unequivocally affirms that seeking 
        congressional authority prior to taking military action against 
        Iran is not discretionary, but is a legal and constitutional 
        requirement.
                                 <all>