[Congressional Record (Bound Edition), Volume 153 (2007), Part 18]
[House]
[Page 25523]
[From the U.S. Government Publishing Office, www.gpo.gov]




            THE CONSTITUTIONAL WAR POWERS RESOLUTION OF 2007

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from North Carolina (Mr. Jones) is recognized for 5 minutes.
  Mr. JONES of North Carolina. Mr. Speaker, questions of when and how 
American military forces should be used have become increasingly 
complex in the 21st century. Threats to international peace and 
security continue to evolve. Today the notion of national self-defense 
has come to include preemptive or preventive military action against 
those who are perceived to be a threat. A war on terrorism in which the 
enemy may not always be a specific nation-state has become the primary 
defense concerns of the United States.
  The War Powers Resolution of 1973 was intended to clarify the intent 
of the constitutional framers and ensure that Congress and the 
President share in the decision-making process in the event of armed 
conflict.
  Yet, since the enactment of the Resolution, presidents have 
consistently maintained that the consultation, reporting and 
congressional authorization requirements of the Resolution are 
unconstitutional obstacles to executive authority.
  Mr. Speaker, the Constitution divides war powers between the 
legislative and executive branches. Our Constitution states that while 
the Commander in Chief has the power to conduct war, only Congress has 
the power to authorize war. Too many times this Congress has abdicated 
its constitutional duty and allowed Presidents to overstep their 
constitutional authority.
  As James Madison said, and I quote, ``In no part of the Constitution 
is more wisdom to be found than in the clause which confides the 
question of war or peace to the legislature and not to the executive 
department.''
  Mr. Speaker, it is time for Congress to meet its constitutional 
responsibility. The framers sought to decentralize the war powers of 
the United States and construct a balance between the political 
branches. Because this balance has been both respected and ignored 
throughout American history, I have today introduced legislation, H.J. 
Resolution 53, the Constitutional War Powers Resolution that seeks to 
establish a clear and national policy for today's post-9/11 world. This 
resolution is a result of the dedicated work of the Constitutional 
Project and its War Powers Initiative.
  The Constitutional War Powers Resolution improves upon the War Powers 
Resolution of 1973 in a number of ways. It clearly spells out the 
powers that the Congress and the President must exercise collectively, 
as well as the defensive measures that the Commander in Chief may 
exercise without congressional approval. It also provides a more robust 
reporting requirement to enable Congress to be more informed and to 
have great oversight.
  By more fully clarifying the war powers of the President and the 
Congress, the Constitutional War Powers Resolution rededicates Congress 
to its primary constitutional role of deciding when to use force 
abroad. This resolution protects and preserves the checks and balances 
that framers intended in the decision to bring our Nation into war.
  Mr. Speaker, I hope many of my colleagues will consider cosponsoring 
this legislation. I ask the good Lord in heaven to please bless our men 
and women in uniform and to continue to bless America.
  Mr. Speaker, I yield back the balance of my time.

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