[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 53 Introduced in House (IH)]
112th CONGRESS
1st Session
H. CON. RES. 53
Declaring that the President has exceeded his authority under the War
Powers Resolution as it pertains to the ongoing military engagement in
Libya.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 24, 2011
Mr. Garrett submitted the following concurrent resolution; which was
referred to the Committee on Foreign Affairs
_______________________________________________________________________
CONCURRENT RESOLUTION
Declaring that the President has exceeded his authority under the War
Powers Resolution as it pertains to the ongoing military engagement in
Libya.
Whereas article I, section 8 of the Constitution of the United States reserves
for Congress the right to declare war;
Whereas the War Powers Resolution (50 U.S.C. 1541 et seq.) states that it is
intended to ``fulfill the intent of the framers of the Constitution of
the United States'' in requiring the President to seek the consent of
Congress before the introduction of the United States Armed Forces into
hostile action;
Whereas the President must seek authorization from Congress prior to engaging
the United States Armed Forces in an armed conflict absent an imminent
threat to national security;
Whereas President Barack Obama, without seeking a formal authorization from
Congress, ordered the execution of a sustained military engagement
through the enforcement of a no-fly zone in Libya on March 19, 2011;
Whereas Congress did not consider or pass a formal authorization for the
President to initiate military operations in Libya;
Whereas the War Powers Resolution establishes that the President must notify
Congress of the introduction of the United States Armed Forces within 48
hours after commencing such action;
Whereas President Obama acknowledged his obligation to submit a notification of
his actions in Libya under the War Powers Resolution through a letter
delivered on March 21, 2011, to Speaker of the House John Boehner and
President Pro Tempore of the Senate Daniel Inouye;
Whereas section 8(a) the War Powers Resolution (50 U.S.C. 1547(a)) establishes
that the President may not construe authorization from any other act or
treaty unless such act or treaty is ``implemented by legislation
specifically authorizing the introduction of the United States Armed
Forces into hostilities'';
Whereas President Obama contends that hostile engagement by the military forces
of the United States against the Government of Libya was part of a
multilateral response authorized by United Nations Security Council
Resolution 1973 (2011) and in consultation with the Arab League;
Whereas section 2(c) of the War Powers Resolution (50 U.S.C. 1541(c)) provides
that no attempt by the President to introduce the United States Armed
Forces into hostile action may be made under the War Powers Resolution
unless there is ``(1) a declaration of war, (2) a specific
authorization, or (3) a national emergency created by attack upon the
United States, its territories or possessions, or its armed forces'';
Whereas the Government of Libya, immediately prior to the introduction of the
United States Armed Forces into the conflict on March 19, 2011, had not
attacked the United States nor declared any intent to do so;
Whereas President Obama had stated the purpose of enforcing a no-fly zone over
Libya was to ``take all necessary measures to protect civilians and
civilian populated areas under threat of attack in Libya'' and not in
response to any direct or immediate threat to the United States;
Whereas section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)) further
establishes that, in absence of authorization from Congress, the
President may not engage the United States Armed Forces in an armed
conflict for a period longer than ``sixty calendar days'';
Whereas members of the United States Armed Forces have remained engaged in
operations in Libya since March 19, 2011;
Whereas, on May 20, 2011, the limit of sixty calendar days placed on the
President's ability to continue engagement of the military forces of the
United States against the Government of Libya will have been exhausted
under the terms of the War Powers Resolution;
Whereas Section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)) requires
that ``within sixty calendar days . . . the President shall terminate
any use of United States Armed Forces . . . unless the Congress (1) has
declared war or has enacted a specific authorization for such use of the
United States Armed Forces, (2) has extended by law such sixty-day
period, or (3) is physically unable to meet as a result of an armed
attack upon the United States'';
Whereas President Obama reiterated on May 20, 2011, that the military forces of
the United States remain engaged in hostilities, including ``suppression
and destruction of air defenses'' and ``precision strikes by unmanned
aerial vehicles'';
Whereas Congress has not considered or passed a formal authorization for the
President to continue military operations in Libya; and
Whereas President Obama has not indicated any intent to cease operations in
Libya after the sixty-day limit established by the War Powers
Resolution: Now, therefore, be it
Resolved by the House of Representatives (the Senate concurring),
That Congress--
(1) declares that, as it pertains to the continuing armed
engagement of the United States Armed Forces against the
Government of Libya, the President has exceeded the statutory
time limits placed on him by the War Powers Resolution and is
therefore in violation of the law; and
(2) calls on the President to--
(A) seek a formal authorization from Congress to
continue the mission in Libya; or
(B) cease armed engagement against the Government
of Libya until such time as further action is
authorized by Congress.
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