text of resolution authorizing use of force

[James Maule]

Interesting. It doesn't seem as broad as what one would have expected from the comments made by representatives of the Departments of Defense and State. It doesn't authorize the use of force against nations harboring groups planning future acts but that were not connected to the acts of September 11, but I understood that the Administration intended to go after terrorists, their organizations, their sponsors, and their safe havens, period.



Jim Maule
Professor of Law, Villanova University School of Law
Villanova PA 19085
maule at law.villanova.edu
http://vls.law.vill.edu/prof/maule
President, TaxJEM Inc (computer assisted tax law instruction) (www.taxjem.com)
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>>> Brad.Clanton at MAIL.HOUSE.GOV 09/14/01 03:36PM >>>
Here's the text of the resolution authorizing the use of force, in case
anyone is interested.  This has not yet been voted on.



S.J.Res. 23

                                         Joint Resolution



   To authorize the use of United States Armed Forces against those
responsible for the recent attacks
                                launched against the United States.

Whereas, on September 11, 2001, acts of treacherous violence were committed
against the United States and its citizens; and

Whereas, such acts render it both necessary and appropriate that the United
States exercise its rights to self-defense and to
protect United States citizens both at home and abroad, and

Whereas, in light of the threat to the national security and foreign policy
of the United States posed by these grave acts of
violence, and

Whereas, such acts continue to pose an unusual and extraordinary threat to
the national security and foreign policy of the
United States.

Whereas the President has authority under the Constitution to take action to
deter and prevent acts of international terrorism
against the United States.

Resolved by the Senate and the House of Representatives of the United States
of America in Congress assembled,

SECTION 1. SHORT TITLE

This joint resolution may be cited as the"Authorization of Use of Military
Force"

SECTION 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES

(a) That 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
that occurred on September 11, 2001, or
harbored such organizations or persons, in order to prevent any future acts
of international terrorism against the United States
by such nations, organizations or persons.

(b) War Powers Resolution Requirements

(1) SPECIFIC STATUTORY AUTHORIZATION - Consistent with section 8(a)(1) of
the War Powers Resolution, the
Congress declares that this section is intended to constitute specific
statutory authorization within the meaning of section 5(b) of
the War Powers Resolution.

(2) APPLICABILITY OF OTHER REQUIREMENTS - Nothing in this resolution
supercedes any requirement of the War
Powers Resolution.