Title: Constitutional Authorities Resolution
Policy area: International Affairs

Summary:
Constitutional Authorities Resolution
This joint resolution directs the President to report to Congress before introducing the Armed Forces into Iran. The report shall explain (1) the necessity of such an action, (2) the constitutional and legislative authority supporting it, and (3) the estimated scope and duration of the hostilities.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 58 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
H. J. RES. 58

   Requiring congressional approval prior to engaging in hostilities 
             within the sovereign Islamic Republic of Iran.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2019

    Mr. Moulton submitted the following joint resolution; which was 
              referred to the Committee on Foreign Affairs

_______________________________________________________________________

                            JOINT RESOLUTION


 
   Requiring congressional approval prior to engaging in hostilities 
             within the sovereign Islamic Republic of Iran.

    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 ``Constitutional 
Authorities Resolution''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Article I, section 8, of the Constitution of the United 
        States grants Congress the sole power to declare war.
            (2) President George Washington, in a letter to William 
        Moultrie dated August 28, 1793, wrote that ``[t]he constitution 
        vests the power of declaring war in Congress; therefore no 
        offensive expedition of importance can be undertaken until 
        after they shall have deliberated upon the subject and 
        authorized such a measure''.
            (3) Alexander Hamilton wrote in Examination Number 1 of the 
        Hamilton Papers, dated December 17, 1801, that ```[t]he 
        Congress shall have the power to declare war'; the plain 
        meaning of which is, that it is the peculiar and exclusive duty 
        of Congress, when the nation is at peace, to change that state 
        into a state of war''.
            (4) Iran is the leading state sponsor of terrorism in the 
        Middle East and a pernicious troublemaker in Iraq and 
        Afghanistan.
            (5) Missile tests by Iran have led to escalating tensions 
        with Israel, Saudi Arabia, the United States, and the United 
        Nations.
            (6) Iran has threatened to shutdown crucial maritime lines 
        of communication, putting United States and international naval 
        assets, as well as global energy assets, at risk.
            (7) Since 1979, Iran has been ruled by Islamic theocrats 
        who use the Quran to justify the suppression of domestic 
        political freedom and the denial of civil and human rights.
            (8) A war with Iran would also endanger United States 
        assets, personnel, and foreign policy objectives throughout the 
        region, including in Iraq, Afghanistan, and Israel.
            (9) On June 22, 2018, President Trump tweeted that Iran 
        ``[w]ill suffer consequences the likes of which few throughout 
        history have ever suffered before''.
            (10) A May 5, 2019, statement from National Security 
        Advisor Ambassador John Bolton said that any attack on America 
        or its allies, by Iran or its proxies, ``will be met with 
        unrelenting force''.
            (11) Loose talk of war and belligerent rhetoric increases 
        the risk of miscalculation by either side and unsettles United 
        States allies.

SEC. 3. SENSE OF CONGRESS ON REQUIREMENT TO OBTAIN CONGRESSIONAL 
              APPROVAL PRIOR TO ENGAGING IN HOSTILITIES WITHIN THE 
              ISLAMIC REPUBLIC OF IRAN.

    It is the sense of Congress that specific congressional approval is 
required, and has not been provided as of the date of the enactment of 
this joint resolution, to authorize the United States Armed Forces to 
engage in hostilities within the sovereign Islamic Republic of Iran.

SEC. 4. PRIOR NOTICE REQUIREMENT BEFORE ENTRY INTO HOSTILITIES WITHIN 
              IRAN.

    Prior to the introduction of the Armed Forces into the sovereign 
Islamic Republic of Iran, the President shall submit to Congress a 
report, in classified or unclassified form, that includes--
            (1) the circumstances necessitating the introduction of the 
        Armed Forces;
            (2) the constitutional and legislative authority under 
        which such introduction took place; and
            (3) the estimated scope and duration of the hostilities or 
        involvement.
                                 <all>