The House of Representatives defeated by a vote of 213 to 213 S. Con. Res. 21 which would have authorized such military operations. The Plaintiffs are Democratic and Republican members of Congress who voted against S. Con. 21 or H. J. Res. 44 of the 106th Congress.
Plaintiffs have no adequate or complete remedy at law to redress the violations set forth herein.
The President's initiation of an offensive military attack by the United States Armed Forces against the Federal Republic of Yugoslavia without obtaining a declaration of war or other explicit authority of Congress, deprives plaintiffs of their constitutional right and duty under Article I, Section 8, Clause 11, to commit this country to war, or to prevent, by refusing their assent, the committing of this country to war. It also completely nullifies their vote against authorizing military air operation and missile strikes against Yugoslavia. The continuing offensive air attacks against Yugoslavia and other military actions against Yugoslavia constitute substantial, sustained, continuous, and prolonged armed hostilities against a foreign state that required the authorization of Congress pursuant to Article I, Section 8, Clause 11 of the U.S. Constitution. Defendant's initiation of and continuation of an offensive military attack by United States forces against the Federal Republic of Yugoslavia, without obtaining a declaration of war or other explicit authorization from the Congress of the United States, violates Article I, Section 8, Clause 11 of the Constitution and deprived and continues to deprive the Plaintiffs of their constitutional right, opportunity, and duty to prevent, by refusing their assent, the entry of the United States into a war against the Federal Republic of Yugoslavia. Defendant's continuation of an offensive military attack by United States forces against the Federal Republic of Yugoslavia, despite the vote of the House of Representatives on S. Con.