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US Government

Rep. Walter B. Jones, Jr. (R-NC) Introduces Congressional Resolution Calling Obama’s Unauthorized Use of Military Force an “Impeachable Offense”

A U.S. congressman has introduced a resolution calling President Obama’s use of military force without congressional approval an “impeachable offense.”

Rep. Walter B. Jones, Jr. (R-NC) introduced H.Con.Res. 107 on Wednesday, which states that “the use of offensive military force by a President without prior and clear authorization of an Act of Congress constitutes an impeachable high crime and misdemeanor under article II, section 4 of the Constitution.”

Jones is in all likelihood referring to Obama’s decision to attack Libyan forces loyal to the late dictator Muammar Gaddafi, a blatant violation of the War Powers Act. The Act, passed in the wake of Vietnam War-era executive abuses, states that a president is only allowed to start a war when the United States is under attack or in response to “a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.”

Although some fringe websites are reporting that the introduction of  H.Con.Res. 107 marks the beginning of impeachment proceedings against Obama, no such action is actually occurring. The measure is what is known as a “sense of Congress resolution,” which does not make law nor authorize enforcement. Sense of Congress resolutions serve the purpose of allowing members of Congress to go on the record about issues, persuading other members to support a position or appealing to the President. Also, H.Con.Res. 107 has yet to even pass the House. The resolution has been referred to the House Judicial Committee, but it has yet to make it to the floor for a vote.

Here is the full text of H.Con.Res. 107:


H.CON.RES.107 — Expressing the sense of Congress that the use of offensive military force by a President without prior and clear authorization of an Act of Congress constitutes an impeachable high… (Introduced in House – IH)
 

HCON 107 IH

 

112th CONGRESS
 

2d Session
 

H. CON. RES. 107
Expressing the sense of Congress that the use of offensive military force by a President without prior and clear authorization of an Act of Congress constitutes an impeachable high crime and misdemeanor under article II, section 4 of the Constitution.

 

IN THE HOUSE OF REPRESENTATIVES
 

March 7, 2012
Mr. JONES submitted the following concurrent resolution; which was referred to the Committee on the Judiciary


 

CONCURRENT RESOLUTION
Expressing the sense of Congress that the use of offensive military force by a President without prior and clear authorization of an Act of Congress constitutes an impeachable high crime and misdemeanor under article II, section 4 of the Constitution.

Whereas the cornerstone of the Republic is honoring Congress’s exclusive power to declare war under article I, section 8, clause 11 of the Constitution: Now, therefore, be it

 

Resolved by the House of Representatives (the Senate concurring),

       That it is the sense of Congress that, except in response to an actual or imminent attack against the territory of the United States, the use of offensive military force by a President without prior and clear authorization of an Act of Congress violates Congress’s exclusive power to declare war under article I, section 8, clause 11 of the Constitution and therefore constitutes an impeachable high crime and misdemeanor under article II, section 4 of the Constitution.

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2 Comments

  1. Paul DayMarch 12, 2012 at 6:47 amReply

    Srsly? I can’t wait for the GOP to start backing war crimes prosecution for bush and chaney. Because, ya know, they’re so consistent about following the Constitution.

    • Brett WilkinsMarch 12, 2012 at 8:09 amReplyAuthor

      Yup. Let no one thing I’m singling out Obama; the current evisceration of constitutional rights really started getting out of hand with the Bush war criminals.

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