Sen. Paul Introduces Declaration of War Against Islamic State
WASHINGTON, D.C.
–Sen.
Rand Paul today introduced S.J. Res. 46, to declare that a state of war
exists between the organization referring to itself as the Islamic
State (ISIS) and
the government and people of the United States.
"I believe the President must come to Congress to begin a war and that Congress has a duty to act. Right now, this war is illegal until Congress acts pursuant to the Constitution and authorizes it,“ Sen. Paul said.
TEXT OF RESOLUTION:
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.
No comments:
Post a Comment