II 

116TH CONGRESS 

2D SESSION S. 4020 

To prevent an unconstitutional war with North Korea. 

IN THE SENATE OF THE UNITED STATES 

JUNE 22, 2020 

Mr. MARKEY (for himself, Ms. WARREN, Mr. MERKLEY, and Mr. SANDERS) 

introduced the following bill; which was read twice and referred to the 

Committee on Foreign Relations 

A BILL 

To prevent an unconstitutional war with North Korea. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Unconstitutional 

5 War with North Korea Act of 2020’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The President is currently prohibited from 

9 initiating a war or launching a first strike without 

10 congressional approval under the United States Con11 stitution and United States law. 


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1 (2) The Constitution, in Article I, Section 8, 

2 grants Congress the sole power to declare war. 

3 (3) George Washington, in a letter to William 

4 Moultrie dated August 28, 1793, wrote, ‘‘The con5 stitution vests the power of declaring war in Con6 gress; therefore no offensive expedition of impor7 tance can be undertaken until after they shall have 

8 deliberated upon the subject and authorized such a 

9 measure.’’ 

10 (4) In Examination Number 1 of the Hamilton 

11 Papers, dated December 17, 1801, Alexander Ham12 ilton wrote, ‘‘ ‘The Congress shall have the power to 

13 declare war’; the plain meaning of which is, that it 

14 is the peculiar and exclusive duty of Congress, when 

15 the nation is at peace, to change that state into a 

16 state of war.’’ 

17 (5) James Madison wrote, in Madison Papers, 

18 Helvidius, Number 4, dated September 14, 1793, 

19 ‘‘The power to declare war, including the power of 

20 judging the causes of war, is fully and exclusively 

21 vested in the legislature . . . the executive has no 

22 right, in any case, to decide the question, whether 

23 there is or is not cause for declaring war.’’ 

24 (6) Section 2(c) of the War Powers Resolution 

25 (50 U.S.C. 1541(c)) states that ‘‘the constitutional 


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1 powers of the President as Commander-in-Chief to 

2 introduce United States Armed Forces into hos3 tilities, or into situations where imminent involve4 ment in hostilities is clearly indicated by the cir5 cumstances, are exercised only pursuant to (1) a 

6 declaration of war, (2) specific statutory authoriza7 tion, or (3) a national emergency created by attack 

8 upon the United States, its territories or posses9 sions, or its armed forces’’. 

10 (7) On April 12, 2018, then-Director of the 

11 Central Intelligence Agency, Mike Pompeo, testified 

12 before the Committee on Foreign Relations of the 

13 Senate that he believed the President had the au14 thority to send United States military forces into ac15 tion even if none of the qualifications of section 2(c) 

16 of the War Powers Resolution are met. 

17 (8) On February 13, 2020, a bipartisan major18 ity in the Senate directed the President to remove 

19 Armed Forces from hostilities against Iran or any 

20 part of its government or military, unless otherwise 

21 explicitly authorized by Congress, following passage 

22 of a similar measure in the House of Representa23 tives on January 9, 2020. 

24 (9) The United States has approximately 

25 28,500 members of the Armed Forces stationed in 


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1 Korea, and over 100,000 United States citizens in 

2 total, all of whom would be placed in grave danger 

3 if an active military conflict on the Korean Penin4 sula were to erupt. 

5 SEC. 3. PROHIBITION ON UNCONSTITUTIONAL MILITARY 

6 STRIKES AGAINST NORTH KOREA. 

7 (a) PROHIBITION OF AUTHORIZED MILITARY FORCE

8 IN OR AGAINST NORTH KOREA.—Except as provided in 

9 subsection (b), no Federal funds may be obligated or ex10 pended for any use of military force in or against North 

11 Korea unless Congress has— 

12 (1) declared war; or 

13 (2) enacted specific statutory authorization for 

14 such use of military force after the date of the en15 actment of this Act that meets the requirements of 

16 the War Powers Resolution (50 U.S.C. 1541 et 

17 seq.). 

18 (b) EXCEPTION.—The prohibition under subsection 

19 (a) shall not apply to a use of military force that is con20 sistent with section 2(c) of the War Powers Resolution. 

21 (c) RULE OF CONSTRUCTION.—Nothing in this sec22 tion may be construed— 

23 (1) to prevent the President from using nec24 essary and appropriate force to defend United States 

25 allies and partners if Congress enacts specific statuVerDate Sep 11 2014 23:09 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4020.IS S4020

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1 tory authorization for such use of force consistent 

2 with the requirements of the War Powers Resolution 

3 (50 U.S.C. 1541 et seq.); 

4 (2) to relieve the executive branch of restric5 tions on the use of force, reporting, or consultation 

6 requirements set forth in the War Powers Resolution 

7 (50 U.S.C. 1541 et seq.); or 

8 (3) to authorize the use of military force. 

9 SEC. 4. SENSE OF CONGRESS IN SUPPORT OF DIPLOMATIC 

10 RESOLUTION TO GROWING TENSIONS WITH 

11 NORTH KOREA. 

12 It is the sense of Congress that— 

13 (1) a conflict on the Korean peninsula would 

14 have catastrophic consequences for the American 

15 people, for members of the United States Armed 

16 Forces stationed in the region, for United States in17 terests, for United States allies the Republic of 

18 Korea and Japan, for the long-suffering people of 

19 North Korea, and for global peace and security more 

20 broadly, and that actions and statements that in21 crease tensions and could lead to miscalculation 

22 should be avoided; and 

23 (2) the President, in coordination with United 

24 States allies, should explore and pursue every fea25 sible opportunity to engage in talks with the GovernVerDate Sep 11 2014 23:09 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4020.IS S4020

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1 ment of North Korea on concrete steps to reduce 

2 tensions and improve communication, and to reinvig3 orate high-level negotiations aimed at achieving a 

4 diplomatic agreement consistent with the June 12, 

5 2018, Joint Statement of President Donald J. 

6 Trump of the United States of America and Chair7 man Kim Jong Un of the Democratic People’s Re8 public of Korea at the Singapore Summit. 

Æ 


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