[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 16 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
S. J. RES. 16

 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 SENATE OF THE UNITED STATES

                              May 25, 2011

  Mr. Paul introduced the following joint resolution; which was read 
        twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                            JOINT 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 Senate and House of Representatives of the United 
States of America in Congress assembled, 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.
                                 <all>