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>From the US-IRAQPOLICY email list of the U.S. Department of State:
---
Resolution Calls for Vote Whether to Use Force Against Iraq
(Sen. Arlen Specter submits S. J. Res. 41 July 18)
Senator Arlen Specter (Republican of Pennsylvania) and Senator Tom Harkin
(Democrat of Iowa) submitted a resolution to the Senate July 18 that calls
for a vote on the use of force against Iraq before such force is used
against the Baghdad regime.
Senate Joint Resolution 41 (S. J. Res. 41) was referred the same day to the
Senate Foreign Relations Committee.
The proposed resolution notes that Iraq has developed "weapons of mass
destruction, including chemical and biological capabilities, and has made
positive progress toward developing nuclear weapons capabilities."
S. J. Res. 41 adds that President Bush in his January 2002 State of the
Union address called the Iraqi dictatorship part of an "axis of evil" that
included Iran and North Korea.
The proposed resolution also notes how the President's father, President
George H.W. Bush, although initially stating that he did not need
congressional action to use force against Iraq, "ultimately requested
authorization from Congress, which was granted in January 1991."
S. J. Res. 41 says that the Congress should "consider and vote on a
resolution authorizing the use of force by the United States Armed Forces
against Iraq before such force is deployed against Iraq."
Following is the text of Senate Joint Resolution 41 from the Congressional
Record:
SJ 41 IS
107th CONGRESS
2d Session
S. J. RES. 41
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. (Introduced in Senate)
IN THE SENATE OF THE UNITED STATES
July 18, 2002
Mr. SPECTER (for himself and Mr. HARKIN) introduced the following joint
resolution; which was read twice and referred to the Committee on Foreign
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 agreement 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
monitoring and verification by United Nations inspections;
Whereas Iraq has developed weapons of mass destruction, including chemical
and biological capabilities, and has made positive progress toward
developing nuclear weapons capabilities;
Whereas in his January 29, 2002 `State of the Union' address 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
continuing to develop weapons of mass destruction' and intends to use `the
means at our disposal--including military, diplomatic and intelligence to
address these concerns';
(2) New York Times on July 9, 2002, quoting President Bush on Iraq: `It's
the stated policy of this government to have regime change and it hasn't
changed. And we'll use all tools at our disposal to do so.'
Whereas Congress has the exclusive authority to declare war under Article I,
Section 8 of the United States Constitution;
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
deliberate and decide on a declaration of war or the equivalent
authorization for the use of force;
Whereas, within the past half century, Presidents have unilaterally
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 complete, 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 Congress: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United States of
America in Congress assembled, That Congress consider and vote on a
resolution authorizing the use of force by the United States Armed Forces
against Iraq before such force is deployed against Iraq.
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See also: http://usinfo.state.gov/regional/nea/iraq/
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