III 

110TH CONGRESS 

1ST SESSION S. RES. 39 

Expressing the sense of the Senate on the need for approval by the Congress 

before any offensive military action by the United States against another 

nation. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2007 

Mr. BYRD submitted the following resolution; which was referred to the 

Committee on Foreign Relations 

RESOLUTION 

Expressing the sense of the Senate on the need for approval 

by the Congress before any offensive military action by 

the United States against another nation. 

Whereas the United States has the best trained, most effective military in the world; 

Whereas the United States military is made up of dedicated, 

patriotic men and women; 

Whereas the men and women in the United States military 

reflect the highest values and the spirit of our Nation; 

Whereas the United States Government has the responsibility 

to ensure that the men and women of the United States 

military are provided for to the fullest extent; 


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•SRES 39 IS 

Whereas the United States Government has the responsibility 

to make certain that the lives of the men and women of 

the United States military are never put at risk without 

the utmost consideration; 

Whereas military action by the United States must not be 

undertaken without the most careful preparation; 

Whereas the Constitution of the United States is designed to 

meet the needs of the Nation in peace and in war and 

to meet any common danger to the Nation; 

Whereas, in time of war and periods of emergency, in particular, the constitutional principles of separation of powers and checks and balances are most critical; and 

Whereas offensive military action by the United States must 

not be undertaken without full and thorough debate in 

the Congress: Now, therefore, be it 

1 Resolved, That it is the sense of the Senate— 

2 (1) that, under the Constitution of the United 

3 States, it is the Congress that has the power to take 

4 the country from a state of peace to a state of war 

5 against another nation; 

6 (2) that the framers of the Constitution under7 stood that the President, in an emergency, may act 

8 to defend the country and repel sudden attack, but 

9 reserved the matter of offensive war to the Congress 

10 as the representatives of the people; 

11 (3) that the Senate affirms the requirement 

12 under the Constitution that the President seek ap13 proval of the Congress before the United States unVerDate Aug 31 2005 23:29 Jan 25, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\SR39.IS SR39

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•SRES 39 IS 

1 dertakes offensive military action against another 

2 nation; 

3 (4) that consultation by the President with the 

4 Congress on any United States undertaking of offen5 sive military action against another nation must 

6 allow sufficient time for the Congress to fully debate 

7 the matter and shape national policy; and 

8 (5) that any offensive military action by the 

9 United States against another country shall occur 

10 only after the Congress has authorized such action. 

Æ 


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