Delahunt, Jones Announce Constitutional War Powers Resolution

10/25/2007

WASHINGTON, DC – At a press conference today on Capitol Hill, Congressman Bill Delahunt (D-MA) was joined by Congressmen Walter Jones (R-NC), Ron Paul (R-TX) and Wayne Gilchrest (R-MD) to announce the introduction of H. J. Res. 53, the Constitutional War Powers Resolution.  By ensuring that Congress meets its constitutional responsibility, H. J. Res. 53 improves upon the War Powers Resolution of 1973 to establish a clear and sustainable war powers policy for today’s post-9/11 world. 

“The framers of our Constitution sought to decentralize the war powers of the United States and construct a balance between the political branches. Throughout American history, this balance too often has been ignored,” Congressman Jones said.  “Since U.S. involvement in Korea, presidents of both parties have used military force abroad without the consent of Congress.”

“Our Constitution states that – while the Commander in Chief has the power to conduct wars – only Congress has the power to declare war.  Too many times this Congress has not met its constitutional duty of oversight & has abdicated its constitutional authorities to the executive branch.  It is for this reason that I have introduced H. J. Res. 53 – the Constitutional War Powers Resolution,” Jones said.  “As threats to international peace and security continue to evolve, the Constitutional War Powers Resolution rededicates Congress to its primary constitutional role of deciding when to use force abroad.”

“The War Powers Resolution has never worked,” Congressman Delahunt said.  “According to the Congressional Research Service, there have been 120 executive branch filings ‘consistent with’ the War Powers Resolution, but only one that started the 60-day clock ‘pursuant to’ it.  As a result, we have no functioning framework for the decision to make war.  This is too dangerous a period of history for us to be floating around with no rules, no regular process, and no consensus on the authority for such a decision.”

Virginia Sloan, President of The Constitution Project, a nonpartisan organization that seeks consensus solutions to difficult legal and constitutional issues, said: “The bipartisan Constitutional War Powers Resolution is a significant step towards restoring the checks and balances established in the Constitution.  The Constitution grants Congress the exclusive authority to declare war, and Congressmen Jones and Delahunt should be applauded for crossing the aisle to engage in this important work.”

H. J. Res. 53 improves upon the War Powers Resolution of 1973 by:

• prohibiting presidential entry into hostilities without congressional action except: to repel and retaliate for an attack on the United States, repel an attack on U.S. troops, or protect and evacuate U.S. citizens; 
• providing a more robust presidential reporting requirement so that Congress may be more informed and able to exercise improved oversight;
• providing for judicial review to enforce compliance by giving automatic standing to members of Congress; and
• only permitting the use of federal funds for military actions taken pursuant to the resolution.

For additional information or to schedule an interview, please contact Kathleen Joyce with Congressman Walter B. Jones at (202) 225-3415, or Mark Forest with Congressman Delahunt at (202) 225-3111.

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