Sec. 1. Findings
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Congress finds the following: Article I, section 8 of the Constitution vests solely in Congress the power to declare war. The Constitution does not permit the President and the Senate through the treaty process to transfer article I congressional authority to international and regional organizations. From 1789 to 1950, all offensive wars were either declared or authorized by Congress. From 1950 forward, presidents have circumvented Congress and the Constitution by claiming to receive authority from the United Nations Security Council and from such mutual security treaties as the North Atlantic Treaty.
The Charter of the United Nations requires each member nation to determine its constitutional processes for reaching a special agreement that contributes troops and equipment to a United Nations military operation. Congress defined United States constitutional processes by enacting the United Nations Participation Act of 1945. Section 6 of such Act ( 22 U.S.C. 287d ) provides: The President is authorized to negotiate a special agreement or agreements with the Security Council which shall be subject to the approval of the Congress by appropriate Act or joint resolution … . .
Section 8(a)(2) of the War Powers Resolution ( 50 U.S.C. 1547(a)(2) ) specifically states that the authority to introduce United States Armed Forces into hostilities shall not be inferred from any treaty heretofore or hereafter ratified unless such treaty is implemented by legislation specifically authorizing the introduction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of this joint resolution .
An authorization by the United Nations or any other international or regional body for the introduction of United States Armed Forces into hostilities is not a constitutional substitute for a congressional declaration of war or authorization for the use of force.
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