IIA 

113TH CONGRESS 

2D SESSION S. J. RES. 46 

To declare that a state of war exists between the organization referring 

to itself as the Islamic State and the Government and the people of 

the United States, and to make provisions to prosecute the same. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 3, 2014 

Mr. PAUL introduced the following joint resolution; which was read twice and 

referred to the Committee on Foreign Relations 

JOINT RESOLUTION 

To declare that a state of war exists between the organization referring to itself as the Islamic State and the 

Government and the people of the United States, and 

to make provisions to prosecute the same. 

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.’’; 


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•SJ 46 IS 

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 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This joint resolution may be cited as the ‘‘Declaration 

5 of War against the Organization known as the Islamic 

6 State’’. 


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1 SEC. 2. DECLARATION OF A STATE OF WAR BETWEEN THE 

2 PEOPLE AND GOVERNMENT OF THE UNITED 

3 STATES AGAINST THE ORGANIZATION 

4 KNOWN AS THE ISLAMIC STATE. 

5 (a) DECLARATION.—The state of war between the 

6 United States and the organization referring to itself as 

7 the Islamic State, also known as the Islamic State of Iraq 

8 and the Levant (ISIL) and the Islamic State of Iraq and 

9 Syria (ISIS), which has been thrust upon the United 

10 States, is hereby formally declared pursuant to article I, 

11 section 8, clause 11, of the United States Constitution. 

12 (b) AUTHORIZATION.—The President is hereby au13 thorized and directed to use the Armed Forces of the 

14 United States to protect the people and facilities of the 

15 United States in Iraq and Syria against the threats posed 

16 thereto by the organization referring to itself as the Is17 lamic State, also known as the Islamic State of Iraq and 

18 the Levant (ISIL) and the Islamic State of Iraq and Syria 

19 (ISIS). 

20 (c) RULES OF CONSTRUCTION.— 

21 (1) SCOPE OF AUTHORITY.—Nothing in this 

22 section shall be construed as declaring war or au23 thorizing force against any organization— 

24 (A) other than the organization referring 

25 to itself as the Islamic State, also known as the 

26 Islamic State of Iraq and the Levant (ISIL) 


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1 and the Islamic State of Iraq and Syria (ISIS); 

2 or 

3 (B) based on affiliation with the organiza4 tion referring to itself as the Islamic State, also 

5 known as the Islamic State of Iraq and the Le6 vant (ISIL) and the Islamic State of Iraq and 

7 Syria (ISIS). 

8 (2) NO EXTRAORDINARY AUTHORITY.—Nothing 

9 in this section shall be construed as granting the ex10 ecutive branch any powers beyond those expressly 

11 provided under subsection (b). 

12 (3) LIMITATION ON USE OF GROUND COMBAT

13 FORCES.—Nothing in this section shall be construed 

14 as authorizing the use of ground combat forces ex15 cept— 

16 (A) as necessary for the protection or res17 cue of members of the United States Armed 

18 Forces or United States citizens from imminent 

19 danger posed by the organization referring to 

20 itself as the Islamic State, also known as the 

21 Islamic State of Iraq and the Levant (ISIL) 

22 and the Islamic State of Iraq and Syria (ISIS); 

23 (B) for limited operations against high 

24 value targets; or 


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1 (C) as necessary for advisory and intel2 ligence gathering operations. 

3 (d) WAR POWER RESOLUTION REQUIREMENTS.— 

4 (1) SPECIFIC STATUTORY AUTHORIZATION.— 

5 Consistent with section 8(a)(1) of the War Powers 

6 Resolution (50 U.S.C. 1547(a)(1)), Congress de7 clares that this section is intended to constitute spe8 cific statutory authorization within the meaning of 

9 section 5(b) of the War Powers Resolution (50 

10 U.S.C. 1544(b)). 

11 (2) APPLICABILITY OF OTHER REQUIRE12 MENTS.—Nothing in this resolution supersedes any 

13 requirement of the War Powers Resolution (50 

14 U.S.C. 1541 et seq.). 

15 SEC. 3. REPEAL OF PRIOR AUTHORIZATION FOR USE OF 

16 UNITED STATES ARMED FORCES AGAINST 

17 IRAQ. 

18 The authorization for the Use of Military Force 

19 Against Iraq Resolution of 2002 (Public Law 107–243; 

20 50 U.S.C. 1541 note) is hereby repealed. 

21 SEC. 4. NO EXISTING AUTHORITY. 

22 The Authorization for the Use of Military Force 

23 (Public Law 107–40; 50 U.S.C. 1541 note) does not pro24 vide any authority for the use of military force against 


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1 the organization referring to itself as the Islamic State, 

2 and shall not be construed as providing such authority. 

3 SEC. 5. SUNSET OF 2001 AUTHORIZATION FOR THE USE OF 

4 MILITARY FORCE. 

5 The Authorization for the Use of Military Force 

6 (Public Law 107–40; 50 U.S.C. 1541 note) shall termi7 nate on the date that is one year after the date of the 

8 enactment of this joint resolution. 

9 SEC. 6. EXPIRATION. 

10 The declaration and authorization in this joint resolu11 tion shall expire on the date that is one year after the 

12 date of the enactment of this joint resolution. 

Æ 


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