[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4020 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. 4020
To prevent an unconstitutional war with North Korea.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 22, 2020
Mr. Markey (for himself, Ms. Warren, Mr. Merkley, and Mr. Sanders)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
_______________________________________________________________________
A BILL
To prevent an unconstitutional war with North Korea.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Unconstitutional War with North
Korea Act of 2020''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The President is currently prohibited from initiating a
war or launching a first strike without congressional approval
under the United States Constitution and United States law.
(2) The Constitution, in Article I, Section 8, grants
Congress the sole power to declare war.
(3) George Washington, in a letter to William Moultrie
dated August 28, 1793, wrote, ``The 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.''
(4) In Examination Number 1 of the Hamilton Papers, dated
December 17, 1801, Alexander Hamilton wrote, ```The 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.''
(5) James Madison wrote, in Madison Papers, Helvidius,
Number 4, dated September 14, 1793, ``The power to declare war,
including the power of judging the causes of war, is fully and
exclusively vested in the legislature . . . the executive has
no right, in any case, to decide the question, whether there is
or is not cause for declaring war.''
(6) Section 2(c) of the War Powers Resolution (50 U.S.C.
1541(c)) states that ``the constitutional powers of the
President as Commander-in-Chief to introduce United States
Armed Forces into hostilities, or into situations where
imminent involvement in hostilities is clearly indicated by the
circumstances, are exercised only pursuant to (1) a declaration
of war, (2) specific statutory authorization, or (3) a national
emergency created by attack upon the United States, its
territories or possessions, or its armed forces''.
(7) On April 12, 2018, then-Director of the Central
Intelligence Agency, Mike Pompeo, testified before the
Committee on Foreign Relations of the Senate that he believed
the President had the authority to send United States military
forces into action even if none of the qualifications of
section 2(c) of the War Powers Resolution are met.
(8) On February 13, 2020, a bipartisan majority in the
Senate directed the President to remove Armed Forces from
hostilities against Iran or any part of its government or
military, unless otherwise explicitly authorized by Congress,
following passage of a similar measure in the House of
Representatives on January 9, 2020.
(9) The United States has approximately 28,500 members of
the Armed Forces stationed in Korea, and over 100,000 United
States citizens in total, all of whom would be placed in grave
danger if an active military conflict on the Korean Peninsula
were to erupt.
SEC. 3. PROHIBITION ON UNCONSTITUTIONAL MILITARY STRIKES AGAINST NORTH
KOREA.
(a) Prohibition of Authorized Military Force In or Against North
Korea.--Except as provided in subsection (b), no Federal funds may be
obligated or expended for any use of military force in or against North
Korea unless Congress has--
(1) declared war; or
(2) enacted specific statutory authorization for such use
of military force after the date of the enactment of this Act
that meets the requirements of the War Powers Resolution (50
U.S.C. 1541 et seq.).
(b) Exception.--The prohibition under subsection (a) shall not
apply to a use of military force that is consistent with section 2(c)
of the War Powers Resolution.
(c) Rule of Construction.--Nothing in this section may be
construed--
(1) to prevent the President from using necessary and
appropriate force to defend United States allies and partners
if Congress enacts specific statutory authorization for such
use of force consistent with the requirements of the War Powers
Resolution (50 U.S.C. 1541 et seq.);
(2) to relieve the executive branch of restrictions on the
use of force, reporting, or consultation requirements set forth
in the War Powers Resolution (50 U.S.C. 1541 et seq.); or
(3) to authorize the use of military force.
SEC. 4. SENSE OF CONGRESS IN SUPPORT OF DIPLOMATIC RESOLUTION TO
GROWING TENSIONS WITH NORTH KOREA.
It is the sense of Congress that--
(1) a conflict on the Korean peninsula would have
catastrophic consequences for the American people, for members
of the United States Armed Forces stationed in the region, for
United States interests, for United States allies the Republic
of Korea and Japan, for the long-suffering people of North
Korea, and for global peace and security more broadly, and that
actions and statements that increase tensions and could lead to
miscalculation should be avoided; and
(2) the President, in coordination with United States
allies, should explore and pursue every feasible opportunity to
engage in talks with the Government of North Korea on concrete
steps to reduce tensions and improve communication, and to
reinvigorate high-level negotiations aimed at achieving a
diplomatic agreement consistent with the June 12, 2018, Joint
Statement of President Donald J. Trump of the United States of
America and Chairman Kim Jong Un of the Democratic People's
Republic of Korea at the Singapore Summit.
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