IIA 

112TH CONGRESS 

1ST SESSION S. J. RES. 16 

Declaring that the President has exceeded his authority under the War 

Powers Resolution as it pertains to the ongoing military engagement 

in Libya. 

IN THE SENATE OF THE UNITED STATES 

MAY 25, 2011 

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

referred to the Committee on Foreign Relations 

JOINT RESOLUTION 

Declaring that the President has exceeded his authority 

under the War Powers Resolution as it pertains to the 

ongoing military engagement in Libya. 

Whereas Article I, Section 8 of the Constitution of the 

United States reserves for Congress the right to declare 

war; 

Whereas the War Powers Resolution (50 U.S.C. 1541 et seq.) 

states that it is intended to ‘‘fulfill the intent of the 

framers of the Constitution of the United States’’ in requiring the President to seek the consent of Congress before the introduction of the United States Armed Forces 

into hostile action; 

Whereas the President must seek authorization from Congress prior to engaging the United States Armed Forces 


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•SJ 16 IS 

in an armed conflict absent an imminent threat to national security; 

Whereas President Barack Obama, without seeking a formal 

authorization from Congress, ordered the execution of a 

sustained military engagement through the enforcement 

of a no-fly zone in Libya on March 19, 2011; 

Whereas Congress did not consider or pass a formal authorization for the President to initiate military operations in 

Libya; 

Whereas the War Powers Resolution establishes that the 

President must notify Congress of the introduction of the 

United States Armed Forces within 48 hours after commencing such action; 

Whereas President Obama acknowledged his obligation to 

submit a notification of his actions in Libya under the 

War Powers Resolution through a letter delivered on 

March 21, 2011, to Speaker of the House John Boehner 

and President Pro Tempore of the Senate Daniel Inouye; 

Whereas section 8(a) the War Powers Resolution (50 U.S.C. 

1547(a)) establishes that the President may not construe 

authorization from any other act or treaty unless such 

act or treaty is ‘‘implemented by legislation specifically 

authorizing the introduction of the United States Armed 

Forces into hostilities’’; 

Whereas President Obama contends that hostile engagement 

by the military forces of the United States against the 

Government of Libya was part of a multilateral response 

authorized by United Nations Security Council Resolution 1973 (2011) and in consultation with the Arab 

League; 


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•SJ 16 IS 

Whereas section 2(c) of the War Powers Resolution (50 

U.S.C. 1541(c)) provides that no attempt by the President to introduce the United States Armed Forces into 

hostile action may be made under the War Powers Resolution unless there is ‘‘(1) a declaration of war, (2) a specific authorization, or (3) a national emergency created 

by attack upon the United States, its territories or possessions, or its armed forces’’; 

Whereas the Government of Libya, immediately prior to the 

introduction of the United States Armed Forces into the 

conflict on March 19, 2011, had not attacked the United 

States nor declared any intent to do so; 

Whereas President Obama had stated the purpose of enforcing a no-fly zone over Libya was to ‘‘take all necessary 

measures to protect civilians and civilian populated areas 

under threat of attack in Libya’’ and not in response to 

any direct or immediate threat to the United States; 

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

U.S.C. 1544(b)) further establishes that, in absence of 

authorization from Congress, the President may not engage the United States Armed Forces in an armed conflict for a period longer than ‘‘sixty calendar days’’; 

Whereas members of the United States Armed Forces have 

remained engaged in operations in Libya since March 19, 

2011; 

Whereas, on May 20, 2011, the limit of sixty calendar days 

placed on the President’s ability to continue engagement 

of the military forces of the United States against the 

Government of Libya will have been exhausted under the 

terms of the War Powers Resolution; 


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•SJ 16 IS 

Whereas Section 5(b) of the War Powers Resolution (50 

U.S.C. 1544(b)) requires that ‘‘within sixty calendar days 

. . . the President shall terminate any use of United 

States Armed Forces . . . unless the Congress (1) has 

declared war or has enacted a specific authorization for 

such use of the United States Armed Forces, (2) has extended by law such sixty-day period, or (3) is physically 

unable to meet as a result of an armed attack upon the 

United States’’; 

Whereas President Obama reiterated on May 20, 2011, that 

the military forces of the United States remain engaged 

in hostilities, including ‘‘suppression and destruction of 

air defenses’’ and ‘‘precision strikes by unmanned aerial 

vehicles’’; 

Whereas Congress has not considered or passed a formal authorization for the President to continue military operations in Libya; and 

Whereas President Obama has not indicated any intent to 

cease operations in Libya after the sixty-day limit established by the War Powers Resolution: Now, therefore, be 

it: 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That Congress— 

4 (1) declares that, as it pertains to the con5 tinuing armed engagement of the United States 

6 Armed Forces against the Government of Libya, the 

7 President has exceeded the statutory time limits 


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•SJ 16 IS 

1 placed on him by the War Powers Resolution and is 

2 therefore in violation of the law; and 

3 (2) calls on the President to— 

4 (A) seek a formal authorization from Con5 gress to continue the mission in Libya; or 

6 (B) cease armed engagement against the 

7 Government of Libya until such time as further 

8 action is authorized by Congress. 

Æ 


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