An outline of the contents of this key resolution, passed by a vote of 420 to 1 by the House on 9/14/01, including its firm connections back into the 'War Powers Resolution', a 1973 statute defining how this nation uses armed force.
House Joint Resolution 64: Sept. 14, 2001
Passed by a vote of 420-1 (204 Democrats voting Yea) this measure authorized the use of armed force in response to the atrocities of 9/11. Specifically, the measure stated:
- ". . . the President is authorized to use all necessary and appropriate force against those nations, organizations or persons he determines planned, authorized, committed or aided the terrorist attacks", or against any who harbor such persons.
BUT THAT WASN'T ALL! The resolution also stated two important conditions:
- Sect. 2(b)(1) tied this resolution back into the "War Powers Resolution", Public Law (P.L.) 93-148, specifically Section 5(b) of that statute.
- Sect. 2(b)(2) then stated: "Nothing in this resolution supersedes any requirement of the War Powers Resolution".
Congress knew what they were doing! They acted prudently, responsibly and carefully to avoid giving the President any "blank check to wage war". In fact, such a "blank check" is impossible within the provisions of P.L. 93-148. The measure was intended to express unity, and to keep Congress firmly in the loop on future decisions in this conflict.
Beyond all this, of course, there's the Constitution to back this up. Article I, Section 8, paragraph 12 restricts the term of military appropriations to no more that two years, clearing involving the Congress in the formation of policy during armed conflicts.
The "War Powers Resolution", P.L. 93-148
- From: Congressional Records
Enacted over Nixon's veto in August 1973, this statute reflects the harsh lessons learned in Vietnam, and was specifically intended to avoid ever again passing a "Tonkin Gulf" type of authorization to a President. The statute is just five pages long, and is written clearly. Note especially Sections 3 and 7!
Summary of sections:
- Section 1, Title of act.
- Section 2, Purpose of act - to fulfill the intent of the Framers, by defining the relative powers of the President and Congress over use of our armed forces and establish specific procedures.
- Section 3, Consultation - Requires the President to consult with Congress both before receiving authorization for use of armed force, and regularly after forces are engaged.
- Section 4, Reporting - Requires the President to report in writing to Congress, with 48 hours, upon the beginning of armed action or when introducing our armed forces into the territory of other nations; specific items to be reported are outlined.
- Section 5, Congressional Action - Requires that Congress must act to authorize any use of our armed forces in combat for more than 60 days after a President's initial report.
- Section 6, Congressional Priority Procedures - Outlines the procedures Congress shall follow when authorizing use of armed force, limiting consideration to three calendar days in each chamber after being reported from committee (within other time limits).
- Section 7, Congressional Procedures for ordering withdrawal of forces - outlines specific procedures under which Congress may order termination of the use of our armed forces - and their withdrawal from theaters of action within 20 to 30 days.
- Section 8 - Interpretation of Joint Resolution - clarifies the intent of Congress under this statute, relative to other laws and treaties with other nations.
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