IV 

110TH CONGRESS 

1ST SESSION H. CON. RES. 33 

Expressing the sense of Congress that the President should not initiate 

military action against Iran without first obtaining authorization from 

Congress. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 16, 2007 

Mr. DEFAZIO (for himself, Mr. HOLT, Mr. PAYNE, Mr. ROTHMAN, Mr. 

CUMMINGS, Mr. FARR, Ms. WOOLSEY, Mr. DOGGETT, Ms. LEE, Mr. 

CONYERS, Mr. STARK, Mr. KUCINICH, Ms. CORRINE BROWN of Florida, 

Ms. MCCOLLUM of Minnesota, Ms. HOOLEY, Mr. MCGOVERN, Mr. 

THOMPSON of California, Mr. BLUMENAUER, Mr. CAPUANO, and Mr. 

MURTHA) submitted the following concurrent resolution; which was referred to the Committee on Foreign Affairs 

CONCURRENT RESOLUTION 

Expressing the sense of Congress that the President should 

not initiate military action against Iran without first 

obtaining authorization from Congress. 

Whereas Article I, Section 8 of the United States Constitution grants Congress the power ‘‘to declare war,’’ to lay 

and collect taxes, to ‘‘provide for the common defense’’ 

and general welfare of the United States, to ‘‘raise and 

support armies,’’ to ‘‘provide and maintain a navy,’’ to 

‘‘make rules for the regulation for the land and naval 

forces,’’ to ‘‘provide for calling forth the militia to execute the laws of the Union, suppress insurrections and 


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•HCON 33 IH 

repel invasions,’’ to ‘‘provide for organizing, arming, and 

disciplining, the militia,’’ and to ‘‘make all laws necessary 

and proper for carrying into execution . . . all . . . powers 

vested by this Constitution in the Government of the 

United States’’; 

Whereas the Constitution also grants Congress exclusive 

power over the purse, ‘‘No money shall be drawn from 

the Treasury but in consequence of appropriations made 

by law’’; 

Whereas the sole war power granted to the executive branch 

through the President can be found in Article II, Section 

2, which states, ‘‘The President shall be the Commanderin-Chief of the Army and Navy of the United States, and 

of the Militia of the several States, when called into actual Service of the United States . . .’’; 

Whereas President George W. Bush and his Administration 

have argued that this ‘‘Commander-in-Chief’’ clause 

grants the President wide latitude to engage United 

States military forces abroad without prior authorization 

from Congress; 

Whereas the President further argues that previous unilateral 

actions by presidents of both political parties add credence to this interpretation of the Constitution; 

Whereas in reality, nothing in the history of the ‘‘Commander-in-Chief’’ clause suggests that the authors of the 

provision intended it to grant the executive branch the 

authority to engage United States forces in military action without any prior authorization from Congress, except to allow the President to repel sudden attacks and 

immediate threats; 


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•HCON 33 IH 

Whereas in the Federalist Paper Number 69, while comparing the lesser war-making power of the United States 

President versus the King of Great Britain, Alexander 

Hamilton wrote, ‘‘. . . the President is to be commanderin-chief of the Army and Navy of the United States. In 

this respect his authority would be nominally the same 

with that of the King of Great Britain, but in substance 

much inferior to it. It would amount to nothing more 

than the supreme command and direction of the military 

and naval forces, as first General and admiral of the 

Confederacy; while that of the British king extends to the 

declaring of war and to raising and regulating of fleets 

and armies, all which, by the Constitution under consideration, would appertain to the legislature.’’; 

Whereas James Madison declared that it is necessary to adhere to the ‘‘fundamental doctrine of the Constitution 

that the power to declare war is fully and exclusively 

vested in the legislature’’; 

Whereas in 1793, President George Washington, when considering how to protect inhabitants of the American frontier, instructed his Administration that ‘‘no offensive expedition of importance can be undertaken until after 

[Congress] have deliberated upon the subject, and authorized such a measure’’; 

Whereas in 1801, Thomas Jefferson sent a small squadron 

of frigates to the Mediterranean to protect against possible attacks by the Barbary powers; he told Congress 

that he was ‘‘unauthorized by the Constitution, without 

the sanction of Congress, to go beyond the line of defense.’’; and he further noted that it was up to Congress 

to authorize ‘‘measures of offense also’’; 


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•HCON 33 IH 

Whereas with respect to Iran, according to the most definitive 

United States intelligence report, Iran is several years 

away from developing a nuclear weapon, and even the 

most pessimistic analysis by outside experts puts the 

timeline at least three years away, assuming Iran suffers 

no setbacks during development, which would be unprecedented; 

Whereas diplomatic efforts involving Iran, the United States, 

the European Union, Russia, the People’s Republic of 

China, the International Atomic Energy Agency, and the 

United Nations Security Council continue; and 

Whereas, despite these diplomatic efforts and statements by 

President Bush and other members of his Administration 

that diplomacy is the preferred route, there are an increasing number of reports that preparations for war are 

underway: Now, therefore, be it 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That Congress— 

3 (1) strongly believes initiating military action 

4 against Iran without congressional approval does not 

5 fall within the President’s ‘‘Commander-in-Chief’’ 

6 powers under the Constitution; 

7 (2) rejects any suggestion that Public Law 

8 107–40, the authorization of force resolution ap9 proved in response to the terrorist attacks of Sep10 tember 11, 2001, explicitly or implicitly, extends to 

11 authorizing military action against Iran, including 

12 over its nuclear program; 


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•HCON 33 IH 

1 (3) rejects any suggestion that Public Law 

2 107–243, the authorization of force resolution ap3 proved by Congress to go to war with Iraq, explicitly 

4 or implicitly, extends to authorizing military action 

5 against Iran, including over its nuclear program; 

6 and 

7 (4) strongly and unequivocally believes that 

8 seeking congressional authority prior to taking mili9 tary action against Iran is not discretionary, but is 

10 a legal and constitutional requirement. 

Æ 


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