[Congressional Record Volume 148, Number 100 (Monday, July 22, 2002)]
[Senate]
[Pages S7165-S7166]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SPECTER (for himself and Mr. Harkin):
  S.J. RES. 41. A joint resolution calling for Congress to consider and 
vote on a resolution for the use of force by the United States Armed 
Forces against Iraq before such force is deployed; to the Committee on 
Foreign Relations.
  Mr. SPECTER. Mr. President, I ask unanimous consent that the text of 
the joint resolution be printed in the Record.
  There being no objection, the joint resolution was ordered to be 
printed in the Record, as follows:

                            Joint Resolution


 calling for congress to consider and vote on a resolution for the use 
  of force by the united states armed forces against Iraq before such 
                           force is deployed

       Whereas Iraq has consistently breached its cease-fire 
     agreement between Iraq and the United States, entered into on 
     March 3, 1991, by failing to dismantle its weapons of mass 
     destruction program, and refusing to permit monitoring and 
     verification by United Nations inspections;
       Whereas Iraq has developed weapons of mass destruction, 
     including chemical and biological capabilities, and has made 
     positive progress toward developing nuclear weapons 
     capabilities;
       Whereas in his January 29, 2002 ``State of the Union'' 
     address the President characterized Iraq, Iran and North 
     Korea as an ``axis of evil'';
       Whereas the Secretary of State distinguished Iraq from Iran 
     and North Korea in his testimony before the Senate Budget 
     Committee on February 12, 2002, stating that ``for several 
     years now [it has been] a policy of the United States 
     government that a regime change would be in the best interest 
     of the region, [and] the best interest of the Iraqi people'';
       Whereas in his February 12, 2002 testimony, the Secretary 
     of State specifically stated, ``With respect to Iran and with 
     respect to North Korea, there is no plan to start a war with 
     these nations'', raising the implication that the United 
     States had a plan to start a war with Iraq;
       Whereas, there have been repeated reports in the news media 
     on U.S. plans to use force against Iraq and statements by the 
     President and the Vice President on the intention of the 
     United States to use force against Iraq:
       (a) The New York Times February 16, 2002, quoting Vice 
     President Cheney saying, ``The President is determined to 
     press on and stop Iraq . . . from continuing to develop 
     weapons of mass destruction'' and intends to use ``the means 
     at our disposal--including military, diplomatic and 
     intelligence to address these concerns'';
       (b) New York Times on July 9, 2002 quoting President Bush 
     on Iraq: ``It's the stated policy of this government to have 
     regime change and it hasn't changed. And we'll use all tools 
     at our disposal to do so.''
       Whereas Congress has the exclusive authority to declare war 
     under Article I, Section 8 of the United States Constitution;
       Whereas, the President has authority under Article II, 
     Section 2, of the United States Constitution as Commander-in-
     Chief, which authorizes him to take military action in an 
     emergency when Congress does not have time to deliberate and 
     decide on a declaration of war or the equivalent 
     authorization for the use of force;

[[Page S7166]]

       Whereas, within the past half century, Presidents have 
     unilaterally initiated military actions in Korea, Vietnam, 
     Grenada, Lebanon, Panama, Somalia and Kosovo;
       Whereas, President George H.W. Bush, although initially 
     stating publicly that he did not need congressional action, 
     ultimately requested authorization from Congress, which was 
     granted in January 1991, to use force against Iraq under 
     circumstances similar to the present situation;
       Whereas, there is adequate time for the Congress to 
     deliberate and decide on the authorization to initiate 
     military action against Iraq;
       Whereas, if Congress takes no action in the current 
     situation where there is adequate time to deliberate and 
     decide, there will be a significant further, if not virtually 
     complete, erosion of congressional authority under Article I, 
     Section 8 of the United States Constitution.
       Whereas, this resolution takes no position on whether such 
     authorization should or should not be granted by Congress;
       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That Congress 
     consider and vote on a Resolution authorizing the use of 
     force by the United States Armed Forces against Iraq before 
     such force is deployed against Iraq.
                                 ______