[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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