US Codex
Bill
Notes

Defining Presidential wars not declared by Congress under article I, section 8, clause 11 (Declare War Clause) as impeachable “high crimes and misdemeanors” within the meaning of article II, section 4 of the Constitution and defining the meanings of war and cobelligerency for purposes of the Declare War Clause and Impeachment provisions.

H. Res. 411 · 116th Congress · May 30, 2019 · Lineage

RESOLUTION

Defining Presidential wars not declared by Congress under article I, section 8, clause 11 (Declare War Clause) as impeachable high crimes and misdemeanors within the meaning of article II, section 4 of the Constitution and defining the meanings of war and cobelligerency for purposes of the Declare War Clause and Impeachment provisions.

Section 1 Defining presidential wars as impeachable offenses

That the House of Representatives declares the following Presidential actions shall constitute impeachable “high crimes and misdemeanors” within the meaning of article II, section 4, which will cause the House to vote an Article or Articles of Impeachment to send to the Senate for trial: “Initiating wars against state or nonstate actors without prior congressional declarations under article I, section 8, clause 11 (Declare War Clause) by which Congress itself decides to take the United States from a condition of peace to a condition of war against an identified enemy.”.

Sec. 2 Defining presidential wars

Nothing in this resolution shall be interpreted to prohibit the President from responding with proportionate military force in the exercise of national self-defense to actual or imminent aggression or a declaration of war against the United States.

Sec. 3 Cobelligerncy

This resolution shall be interpreted to prohibit the President from making the United States a cobelligerent in an ongoing war without a congressional declaration under the Declare War Clause. For purposes of this section, the United States becomes a cobelligerent if it systematically or substantially supplies war materials, military troops, trainers, or advisers, military intelligence, financial support or their equivalent in association, cooperation, assistance, or common cause with another belligerent.

Sec. 4 Nonexclusivity

This resolution shall not be interpreted to preclude the House of Representatives from concluding that other Presidential actions constitute impeachable “high crimes and misdemeanors” within the meaning of article II, section 4, either by supplemental resolutions or by ad hoc determinations.

Sec. 5 Effective date

This resolution shall take effect upon passage by the House of Representatives.