III 110th CONGRESS 1st Session S. RES. 39 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

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.