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 Colo-
rado, 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 agree-
ment 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 moni-
toring and verification by United Nations inspections;
Whereas Iraq has developed weapons of mass destruction, in-
cluding chemical and biological capabilities, and has
HJ 109 IH
made positive progress toward developing nuclear weap-
ons capabilities;
Whereas in his January 29, 2002 ‘‘State of the Union’’ ad-
dress 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 con-
tinuing to develop weapons of mass destruction’’ and in-
tends to use ‘‘the means at our disposal—including mili-
tary, diplomatic and intelligence to address these con-
cerns’’;
(2) New York Times on July 9, 2002, quoting Presi-
dent Bush on Iraq: ‘‘It’s the stated policy of this govern-
ment to have regime change and it hasn’t changed. And
we’ll use all tools at our disposal to do so.’’
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Whereas Congress has the exclusive authority to declare war
under Article I, Section 8 of the United States Constitu-
tion;
Whereas the President has authority under Article II, Section
2, of the United States Constitution as Commander-in-
Chief, which authorizes him to take military action in an
emergency when Congress does not have time to delib-
erate and decide on a declaration of war or the equivalent
authorization for the use of force;
Whereas, within the past half century, Presidents have uni-
laterally 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 com-
plete, 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 Con-
gress: Now, therefore, be it
Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled,
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That Congress consider and vote on a resolution author-
izing the use of force by the United States Armed Forces
against Iraq before such force is deployed against Iraq.
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