IA

107TH CONGRESS

2D SESSION H. J. RES. 109

Calling for Congress to consider and vote on a resolution for the use of

force by the United States Armed Forces against Iraq before such

force is deployed.

IN THE HOUSE OF REPRESENTATIVES

JULY 26, 2002

Mr. DEFAZIO (for himself, Mr. KUCINICH, Mr. CROWLEY, Mr. UDALL of Colorado, Mr. HINCHEY, Mr. GEORGE MILLER of California, Mr. JACKSON

of Illinois, Mr. FILNER, Ms. HOOLEY of Oregon, Mr. UDALL of New

Mexico, Mr. FARR of California, Ms. SLAUGHTER, Ms. MCKINNEY, Ms.

WATERS, Ms. WOOLSEY, and Mr. SHIMKUS) introduced the following

joint resolution; which was referred to the Committee on International

Relations

JOINT RESOLUTION

Calling for Congress to consider and vote on a resolution

for the use of force by the United States Armed Forces

against Iraq before such force is deployed.

Whereas Iraq has consistently breached its cease-fire agreement between Iraq and the United States, entered into

on March 3, 1991, by failing to dismantle its weapons of

mass destruction program, and refusing to permit monitoring and verification by United Nations inspections;

Whereas Iraq has developed weapons of mass destruction, including chemical and biological capabilities, and has
2

HJ 109 IH

made positive progress toward developing nuclear weapons capabilities;

Whereas in his January 29, 2002 ‘‘State of the Union’’ address the President characterized Iraq, Iran, and North

Korea as an ‘‘axis of evil’’;

Whereas the Secretary of State distinguished Iraq from Iran

and North Korea in his testimony before the Senate

Budget Committee on February 12, 2002, stating that

‘‘for several years now [it has been] a policy of the

United States government that a regime change would be

in the best interest of the region, [and] the best interest

of the Iraqi people’’;

Whereas in his February 12, 2002 testimony, the Secretary

of State specifically stated, ‘‘With respect to Iran and

with respect to North Korea, there is no plan to start a

war with these nations’’, raising the implication that the

United States had a plan to start a war with Iraq;

Whereas there have been repeated reports in the news media

on U.S. plans to use force against Iraq and statements

by the President and the Vice President on the intention

of the United States to use force against Iraq:

(1) The New York Times, February 16, 2002,

quoting Vice President Cheney saying, ‘‘The President is

determined to press on and stop Iraq . . . from continuing to develop weapons of mass destruction’’ and intends to use ‘‘the means at our disposal—including military, diplomatic and intelligence to address these concerns’’;

(2) New York Times on July 9, 2002, quoting President Bush on Iraq: ‘‘It’s the stated policy of this government to have regime change and it hasn’t changed. And

we’ll use all tools at our disposal to do so.’’
3

HJ 109 IH

Whereas Congress has the exclusive authority to declare war

under Article I, Section 8 of the United States Constitution;

Whereas the President has authority under Article II, Section

2, of the United States Constitution as Commander-inChief, which authorizes him to take military action in an

emergency when Congress does not have time to deliberate and decide on a declaration of war or the equivalent

authorization for the use of force;

Whereas, within the past half century, Presidents have unilaterally initiated military actions in Korea, Vietnam,

Grenada, Lebanon, Panama, Somalia, and Kosovo;

Whereas President George H.W. Bush, although initially

stating publicly that he did not need congressional action,

ultimately requested authorization from Congress, which

was granted in January 1991, to use force against Iraq

under circumstances similar to the present situation;

Whereas there is adequate time for the Congress to deliberate

and decide on the authorization to initiate military action

against Iraq;

Whereas if Congress takes no action in the current situation

where there is adequate time to deliberate and decide,

there will be a significant further, if not virtually complete, erosion of congressional authority under Article I,

Section 8 of the United States Constitution; and

Whereas this resolution takes no position on whether such

authorization should or should not be granted by Congress: Now, therefore, be it

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,
4

HJ 109 IH

1 That Congress consider and vote on a resolution author2 izing the use of force by the United States Armed Forces

3 against Iraq before such force is deployed against Iraq.

Æ