IV 

116TH CONGRESS 

1ST SESSION H. RES. 411 

Defining Presidential wars not declared by Congress under article I, section 

8, clause 11 (Declare War Clause) as impeachable ‘‘high crimes and 

misdemeanors’’ within the meaning of article II, section 4 of the Constitution and defining the meanings of war and cobelligerency for purposes of the Declare War Clause and Impeachment provisions. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 30, 2019 

Ms. GABBARD submitted the following resolution; which was referred to the 

Committee on the Judiciary 

RESOLUTION 

Defining Presidential wars not declared by Congress under 

article I, section 8, clause 11 (Declare War Clause) as 

impeachable ‘‘high crimes and misdemeanors’’ within the 

meaning of article II, section 4 of the Constitution and 

defining the meanings of war and cobelligerency for purposes of the Declare War Clause and Impeachment provisions. 

Whereas Presidential wars not declared by Congress under 

article I, section 8, clause 11 are the most flagrant and 

dangerous of Presidential usurpations; 

Whereas President George Washington, who had presided 

over the Constitutional Convention and supported the 

Declare War Clause, elaborated during his service in ofVerDate Sep 11 2014 00:13 May 31, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HR411.IH HR411

kjohnson on DSK79L0C42 with BILLS
2 

•HRES 411 IH 

fice: ‘‘The Constitution vests the power of declaring war 

with Congress; therefore, no offensive expedition of importance can be undertaken until after they have deliberated on the subject and authorized such a measure.’’; 

Whereas Presidential wars saddle the people with multitrillion 

dollar indebtedness, diverts national genius from production to destruction, cripples liberty, silences the law, 

awakens enemies, and provokes blowback in the United 

States; 

Whereas the absence of impeachment standards creates an 

appearance that impeachment is a partisan exercise, 

which undermines its legitimacy and deters its use; 

Whereas the absence of definitions of war and cobelligerency 

for purposes of the Declare War Clause undermines its 

enforcement through the impeachment process or otherwise; 

Whereas the law should warn before it strikes; 

Whereas article I, section 2, clause 5 provides that, ‘‘The 

House of Representatives . . . shall have the sole Power 

of Impeachment’’; 

Whereas the impeachment power of the House of Representatives is a cornerstone safeguard against Presidential tyranny; 

Whereas the past neglect of the House of Representatives to 

use the impeachment power against Presidential 

usurpations and lawlessness has concentrated alarming 

power in the executive branch, crippled liberty, undermined transparency, and encouraged Presidents to further aggrandizements; 

Whereas article II, section 4 of the Constitution provides 

that, ‘‘The President, Vice President and all civil Officers 


kjohnson on DSK79L0C42 with BILLS
3 

•HRES 411 IH 

of the United States, shall be removed from Office on 

Impeachment for, and Conviction of, Treason, Bribery, or 

other high Crimes and Misdemeanors’’; 

Whereas the Constitutional Convention rejected ‘‘neglect of 

duty’’ or ‘‘maladministration’’ as impeachment standards 

in favor of ‘‘high crimes and misdemeanors’’ because the 

former terms were too broad; 

Whereas impeachable ‘‘high crimes and misdemeanors’’ has 

an objective meaning based on the intent of the Constitution’s Framers and British impeachment precedents; 

Whereas Alexander Hamilton in Federalist 65 explained that 

impeachable offenses ‘‘proceed from the misconduct of 

public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which 

may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries done immediately 

to the society itself’’; 

Whereas the House of Representatives has voted Articles of 

Impeachment against two Presidents, one Cabinet officer, 

one Senator, one Supreme Court Justice, and 14 Federal 

judges without providing a general standard for defining 

an impeachable offense; and 

Whereas every participant in the drafting, debating, and ratifying of the Constitution understood that the Declare 

War Clause prohibited Presidential wars and entrusted 

exclusively to Congress the solemn responsibility for deciding whether the Nation should cross the Rubicon from 

a state of peace to a state of war: Now, therefore, be it 

1 Resolved, 


kjohnson on DSK79L0C42 with BILLS
4 

•HRES 411 IH 

1 SECTION 1. DEFINING PRESIDENTIAL WARS AS IMPEACH2 ABLE OFFENSES. 

3 That the House of Representatives declares the fol4 lowing Presidential actions shall constitute impeachable 

5 ‘‘high crimes and misdemeanors’’ within the meaning of 

6 article II, section 4, which will cause the House to vote 

7 an Article or Articles of Impeachment to send to the Sen8 ate for trial: ‘‘Initiating wars against state or nonstate ac9 tors without prior congressional declarations under article 

10 I, section 8, clause 11 (Declare War Clause) by which 

11 Congress itself decides to take the United States from a 

12 condition of peace to a condition of war against an identi13 fied enemy.’’. 

14 SEC. 2. DEFINING PRESIDENTIAL WARS. 

15 Nothing in this resolution shall be interpreted to pro16 hibit the President from responding with proportionate 

17 military force in the exercise of national self-defense to 

18 actual or imminent aggression or a declaration of war 

19 against the United States. 

20 SEC. 3. COBELLIGERNCY. 

21 This resolution shall be interpreted to prohibit the 

22 President from making the United States a cobelligerent 

23 in an ongoing war without a congressional declaration 

24 under the Declare War Clause. For purposes of this sec25 tion, the United States becomes a cobelligerent if it sys26 tematically or substantially supplies war materials, miliVerDate Sep 11 2014 00:13 May 31, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\HR411.IH HR411

kjohnson on DSK79L0C42 with BILLS
5 

•HRES 411 IH 

1 tary troops, trainers, or advisers, military intelligence, fi2 nancial support or their equivalent in association, coopera3 tion, assistance, or common cause with another bellig4 erent. 

5 SEC. 4. NONEXCLUSIVITY. 

6 This resolution shall not be interpreted to preclude 

7 the House of Representatives from concluding that other 

8 Presidential actions constitute impeachable ‘‘high crimes 

9 and misdemeanors’’ within the meaning of article II, sec10 tion 4, either by supplemental resolutions or by ad hoc 

11 determinations. 

12 SEC. 5. EFFECTIVE DATE. 

13 This resolution shall take effect upon passage by the 

14 House of Representatives. 

Æ 


kjohnson on DSK79L0C42 with BILLS