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.
"In their great wisdom, our Founding Fathers, gathered in Philadelphia to draft the new U.S. Constitution, gave the sole authority to declare war to the U.S. Congress. ... our Founders understood that it was essential, to secure a representative form of republican self-government, that the power to declare war must be in the hands of Congress, and not in the Executive Branch. ...
Nothing has transpired in the intervening centuries to justify any alteration in their wise decision. Under our Federal Constitution, only the Congress has the power to declare war, and that must remain a cardinal principle. In recent decades, we have seen an erosion of that Constitutional principle, and I fully concur that this erosion must be halted and reversed."
-- Gen. Joseph P. Hoar
(1934-) US Marine Corps four-star general (retired), Chief of Staff and later the Commander in Chief of the U.S. Central Command (CENTCOM)
Source: Sep 21, 2012, press conference to introduce HCR 107, which reasserts the Constitutional clause on Congress' exclusive responsibility to declare war, and states that any president who does not get Congressional authorization before entering war will be immediately subject to impeachment.