[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 46 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
S. J. RES. 46

    To declare that a state of war exists between the organization 
  referring to itself as the Islamic State and the Government and the 
 people of the United States, and to make provisions to prosecute the 
                                 same.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 3, 2014

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

_______________________________________________________________________

                            JOINT RESOLUTION


 
    To declare that a state of war exists between the organization 
  referring to itself as the Islamic State and the Government and the 
 people of the United States, and to make provisions to prosecute the 
                                 same.

Whereas article I, section 8, of the United States Constitution provides, ``The 
        Congress shall have the Power to . . . declare war'';
Whereas President George Washington, who presided over the Constitutional 
        Convention, lectured: ``The Constitution vests the power of declaring 
        war with Congress. Therefore no offensive expedition of importance can 
        be undertaken until after they have deliberated upon the subject, and 
        authorized such a measure.'';
Whereas James Madison, father of the Constitution, elaborated in a letter to 
        Thomas Jefferson: ``The constitution supposes, what the History of all 
        Governments demonstrates, that the Executive is the branch of power most 
        interested in war, and most prone to it. It has accordingly with studied 
        care vested the question of war in the Legislature.'';
Whereas James Madison wrote in his Letters of Helvidius: ``In this case, the 
        constitution has decided what shall not be deemed an executive 
        authority; though it may not have clearly decided in every case what 
        shall be so deemed. The declaring of war is expressly made a legislative 
        function.'';
Whereas the organization referring to itself as the Islamic State has declared 
        war on the United States and its allies; and
Whereas the Islamic State presents a clear and present danger to United States 
        diplomatic facilities in the region, including our embassy in Baghdad, 
        Iraq, and consulate in Erbil, Iraq: Now, therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This joint resolution may be cited as the ``Declaration of War 
against the Organization known as the Islamic State''.

SEC. 2. DECLARATION OF A STATE OF WAR BETWEEN THE PEOPLE AND GOVERNMENT 
              OF THE UNITED STATES AGAINST THE ORGANIZATION KNOWN AS 
              THE ISLAMIC STATE.

    (a) Declaration.--The state of war between the United States and 
the organization referring to itself as the Islamic State, also known 
as the Islamic State of Iraq and the Levant (ISIL) and the Islamic 
State of Iraq and Syria (ISIS), which has been thrust upon the United 
States, is hereby formally declared pursuant to article I, section 8, 
clause 11, of the United States Constitution.
    (b) Authorization.--The President is hereby authorized and directed 
to use the Armed Forces of the United States to protect the people and 
facilities of the United States in Iraq and Syria against the threats 
posed thereto by the organization referring to itself as the Islamic 
State, also known as the Islamic State of Iraq and the Levant (ISIL) 
and the Islamic State of Iraq and Syria (ISIS).
    (c) Rules of Construction.--
            (1) Scope of authority.--Nothing in this section shall be 
        construed as declaring war or authorizing force against any 
        organization--
                    (A) other than the organization referring to itself 
                as the Islamic State, also known as the Islamic State 
                of Iraq and the Levant (ISIL) and the Islamic State of 
                Iraq and Syria (ISIS); or
                    (B) based on affiliation with the organization 
                referring to itself as the Islamic State, also known as 
                the Islamic State of Iraq and the Levant (ISIL) and the 
                Islamic State of Iraq and Syria (ISIS).
            (2) No extraordinary authority.--Nothing in this section 
        shall be construed as granting the executive branch any powers 
        beyond those expressly provided under subsection (b).
            (3) Limitation on use of ground combat forces.--Nothing in 
        this section shall be construed as authorizing the use of 
        ground combat forces except--
                    (A) as necessary for the protection or rescue of 
                members of the United States Armed Forces or United 
                States citizens from imminent danger posed by the 
                organization referring to itself as the Islamic State, 
                also known as the Islamic State of Iraq and the Levant 
                (ISIL) and the Islamic State of Iraq and Syria (ISIS);
                    (B) for limited operations against high value 
                targets; or
                    (C) as necessary for advisory and intelligence 
                gathering operations.
    (d) War Power Resolution Requirements.--
            (1) Specific statutory authorization.--Consistent with 
        section 8(a)(1) of the War Powers Resolution (50 U.S.C. 
        1547(a)(1)), Congress declares that this section is intended to 
        constitute specific statutory authorization within the meaning 
        of section 5(b) of the War Powers Resolution (50 U.S.C. 
        1544(b)).
            (2) Applicability of other requirements.--Nothing in this 
        resolution supersedes any requirement of the War Powers 
        Resolution (50 U.S.C. 1541 et seq.).

SEC. 3. REPEAL OF PRIOR AUTHORIZATION FOR USE OF UNITED STATES ARMED 
              FORCES AGAINST IRAQ.

    The authorization for the Use of Military Force Against Iraq 
Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 note) is hereby 
repealed.

SEC. 4. NO EXISTING AUTHORITY.

    The Authorization for the Use of Military Force (Public Law 107-40; 
50 U.S.C. 1541 note) does not provide any authority for the use of 
military force against the organization referring to itself as the 
Islamic State, and shall not be construed as providing such authority.

SEC. 5. SUNSET OF 2001 AUTHORIZATION FOR THE USE OF MILITARY FORCE.

    The Authorization for the Use of Military Force (Public Law 107-40; 
50 U.S.C. 1541 note) shall terminate on the date that is one year after 
the date of the enactment of this joint resolution.

SEC. 6. EXPIRATION.

    The declaration and authorization in this joint resolution shall 
expire on the date that is one year after the date of the enactment of 
this joint resolution.
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