IA
107TH CONGRESS
1ST SESSION
H. J. RES. 27
To repeal the War Powers Resolution to fulfill the intent of the framers
of the Constitution that Congress and not the President has the power
to declare war, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 6, 2001
Mr. PAUL introduced the following joint resolution; which was referred to the
Committee on International Relations, and in addition to the Committees
on Armed Services, Rules, and the Judiciary, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisons as fall within the jurisdiction of the committee concerned
JOINT RESOLUTION
To repeal the War Powers Resolution to fulfill the intent
of the framers of the Constitution that Congress and
not the President has the power to declare war, and
for other purposes.
Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This joint resolution may be cited as the ‘‘Constitu-
tional War Powers Resolution of 2001’’.
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SEC. 2. PURPOSE.
It is the purpose of this joint resolution to fulfill the
intent of the framers of the Constitution that Congress
and not the President has the power to declare war.
SEC. 3. REPEAL OF WAR POWERS RESOLUTION.
The War Powers Resolution (Public Law 93–148; 50
U.S.C. 1541 et seq.) is repealed.
SEC. 4. DEPLOYMENT OF ARMED FORCES INTO HOS-
TILITIES AND OTHER SIMILAR SITUATIONS.
(a) REQUIREMENT.—Elements of the Armed Forces
may be deployed into hostilities outside the United States
or into situations where imminent involvement in hos-
tilities outside the United States is clearly indicated by
the circumstances only pursuant to (1) a declaration of
war under article 1, section 8 of the Constitution, or (2)
an attack upon the United States or the territories or pos-
sessions of the United States.
(b) PROHIBITION ON USE OF FUNDS.—None of the
funds appropriated or otherwise made available to the De-
partment of Defense may be obligated or expended for the
deployment of elements of the Armed Forces in contraven-
tion of subsection (a).
(c) EFFECTIVE DATE.—This section applies with re-
spect to the deployment of elements of the Armed Forces
before, on, or after the date of the enactment of this joint
resolution.
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SEC. 5. STANDING TO CHALLENGE PRESIDENTIAL ORDERS
WHICH CONTRAVENE SECTION 4.
(a) STANDING.—The following persons may bring an
action in an appropriate United States court to challenge
the validity of any Presidential order which contravenes
section 4 of this Act:
(1) CONGRESS AND ITS MEMBERS.—The House
of Representatives, the Senate, any Senator, and
any Representative to the House of Representatives.
(2) AGGRIEVED
PERSONS.—Any person ag-
grieved in a liberty or property interest adversely af-
fected directly by the challenged Presidential order.
(b) DEFINITION.—In this section, the term ‘‘Presi-
dential order’’ means—
(1) any Executive order, Presidential proclama-
tion, or Presidential directive; and
(2) any other Presidential or Executive action
by whatever name described which is issued under
the authority of the President or any other officer
or employee of the executive branch.
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