IV 

107TH CONGRESS 

2D SESSION H. CON. RES. 518

Expressing the sense of Congress that the deployment of United States 

Armed Forces against Iraq without prior specific authorization by the 

United Nations Security Council and specific congressional authorization 

pursuant to a declaration of war would constitute a violation of the 

obligations of the United States under the United Nations Charter and 

a violation of the United States Constitution, respectively. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 14, 2002

Ms. CARSON of Indiana submitted the following concurrent resolution; which 

was referred to the Committee on International Relations 

CONCURRENT RESOLUTION 

Expressing the sense of Congress that the deployment of 

United States Armed Forces against Iraq without prior 

specific authorization by the United Nations Security 

Council and specific congressional authorization pursuant 

to a declaration of war would constitute a violation of 

the obligations of the United States under the United 

Nations Charter and a violation of the United States 

Constitution, respectively.

Whereas the United States form of government was founded 

upon many principles, including the principle of ‘‘a decent respect [for] the opinions of mankind’’; 
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•HCON 518 IH 

Whereas the United States, like most other countries, is a 

member of the United Nations by reason of being a party 

to the Charter of the United Nations (signed at San 

Francisco on June 26, 1945), an international treaty establishing the United Nations and setting forth the responsibilities and obligations of members of the United 

Nations; 

Whereas Article VI, clause 2 of the United States Constitution provides in part that ‘‘[t]his Constitution, and the 

Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be 

made, under the Authority of the United States, shall be 

the supreme Law of the land’’; 

Whereas the United Nations Charter prohibits any member 

nation from initiating the use of force against any other 

nation in the absence of authorization from the United 

Nations Security Council unless such use of force is used 

for purposes of self-defense; 

Whereas violation by a member nation of this prohibition contained in the United Nations Charter would constitute a 

violation of that nation’s obligations under the Charter 

and, with respect to such a violation by the United 

States, would constitute a violation of ‘‘the supreme 

Law’’ of the United States; 

Whereas Article I, section 8, clause 11 of the United States 

Constitution provides Congress with the exclusive authority to declare war; 

Whereas this authority to declare war cannot be delegated to 

any other branch of the United States Government except by an amendment to the Constitution; and 
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•HCON 518 IH 

Whereas section 3(a) of the Authorization for Use of Military 

Force Against Iraq Resolution of 2002 (Public Law 107–

243), enacted on October 16, 2002, which provides that 

‘‘[t]he President is authorized to use the Armed Forces 

of the United States as he determines to be necessary 

and appropriate in order to (1) defend the national security of the United States against the continuing threat 

posed by Iraq; and (2) enforce all relevant United Nations Security Council resolutions regarding Iraq’’, is an 

unconstitutional delegation by Congress to the President 

of the authority to determine whether the United States 

shall initiate war against Iraq: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate 

2 concurring), That it is the sense of Congress that the de3 ployment of United States Armed Forces against Iraq 

4 without prior specific authorization by the United Nations 

5 Security Council and specific congressional authorization 

6 pursuant to a declaration of war would constitute a viola7 tion of the obligations of the United States under the 

8 United Nations Charter and a violation of Article I, sec9 tion 8, clause 11 of the United States Constitution, respec10 tively.

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