[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 39 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
S. RES. 39

  Expressing the sense of the Senate on the need for approval by the 
  Congress before any offensive military action by the United States 
                        against another nation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2007

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

_______________________________________________________________________

                               RESOLUTION


 
  Expressing the sense of the Senate on the need for approval by the 
  Congress before any offensive military action by the United States 
                        against another nation.

Whereas the United States has the best trained, most effective military in the 
        world;
Whereas the United States military is made up of dedicated, patriotic men and 
        women;
Whereas the men and women in the United States military reflect the highest 
        values and the spirit of our Nation;
Whereas the United States Government has the responsibility to ensure that the 
        men and women of the United States military are provided for to the 
        fullest extent;
Whereas the United States Government has the responsibility to make certain that 
        the lives of the men and women of the United States military are never 
        put at risk without the utmost consideration;
Whereas military action by the United States must not be undertaken without the 
        most careful preparation;
Whereas the Constitution of the United States is designed to meet the needs of 
        the Nation in peace and in war and to meet any common danger to the 
        Nation;
Whereas, in time of war and periods of emergency, in particular, the 
        constitutional principles of separation of powers and checks and 
        balances are most critical; and
Whereas offensive military action by the United States must not be undertaken 
        without full and thorough debate in the Congress: Now, therefore, be it
    Resolved, That it is the sense of the Senate--
            (1) that, under the Constitution of the United States, it 
        is the Congress that has the power to take the country from a 
        state of peace to a state of war against another nation;
            (2) that the framers of the Constitution understood that 
        the President, in an emergency, may act to defend the country 
        and repel sudden attack, but reserved the matter of offensive 
        war to the Congress as the representatives of the people;
            (3) that the Senate affirms the requirement under the 
        Constitution that the President seek approval of the Congress 
        before the United States undertakes offensive military action 
        against another nation;
            (4) that consultation by the President with the Congress on 
        any United States undertaking of offensive military action 
        against another nation must allow sufficient time for the 
        Congress to fully debate the matter and shape national policy; 
        and
            (5) that any offensive military action by the United States 
        against another country shall occur only after the Congress has 
        authorized such action.
                                 <all>