,,ii #aaeth ,,congress #ast ,session ,s4 #bjaf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #bf1 #bjag ,mr4 ,markey introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to prevent an unconstitutional strike against ,north ,korea4 #a4 ,short title ,this ,act may be cited as the ,no ,unconstitutional ,strike ,against ,north ,korea ,act of #bjag4 #b4 ,findings ,congress makes the following findings3 7#a7 ,the ,president is currently prohibited from initiating a war or launching a first strike without congressional approval under the ,united ,states ,constitution and ,united ,states law4 7#b7 ,the ,constitution1 in article ,i1 section #h1 grants ,congress the sole power to declare war4 7#c7 ,george ,washington1 in a letter to ,william ,moultrie dated ,august #bh1 #agic1 wrote1 ,the constitution vests the power of declaring war in ,congress2 therefore no offensive expedition of importance can be undertaken until after they shall have deliberated upon the subject and authorized such a measure44 7#d7 ,in ,examination ,number #a of the ,hamilton ,papers1 dated ,december #ag1 #ahja1 ,alexander ,hamilton wrote1 ,the ,congress shall have the power to declare war2 the plain meaning of which is1 that it is the peculiar and exclusive duty of ,congress1 when the nation is at peace1 to change that state into a state of war44 7#e7 ,james ,madison wrote1 in ,madison ,papers1 ,helvidius1 ,number #d1 dated ,september #ad1 #agic1 ,the power to declare war1 including the power of judging the causes of war1 is fully and exclusively vested in the legislature ''' the executive has no right1 in any case1 to decide the question1 whether there is or is not cause for declaring war44 7#f7 ,section #b7;c7 of the ,war ,powers ,resolution 7#ej ,u4,s4,c4 #aeda7;c77 states that the constitutional powers of the ,president as ,commander-in-,chief to introduce ,united ,states ,armed ,forces into hostilities1 or into situations where imminent involvement in hostilities is clearly indicated by the circumstances1 are exercised only pursuant to 7#a7 a declaration of war1 7#b7 specific statutory authorization1 or 7#c7 a national emergency created by attack upon the ,united ,states1 its territories or possessions1 or its armed forces4 7#g7 ,the ,american people1 ,united ,states allies in ,asia1 and the entire world have been deeply troubled by escalating tensions on the ,korean peninsula4 7#h7 ,recent polling demonstrates that more than two-thirds of people in the ,united ,states believe that the ,united ,states should attack ,north ,korea only if ,north ,korea attacks first4 7#i7 ,the ,united ,states has approximately #bh1ejj members of the ,armed ,forces stationed in ,korea who would be placed in grave danger if an active military conflict were to erupt4 7#aj7 ,on ,august #ad1 #bjag1 ,chairman of the ,joint ,chiefs of ,staff1 ,marine ,corps ,general ,joseph ,dunford stated1 ,the ,united ,states military's priority is to support our government's efforts to achieve the denuclearization of the ,korean ,peninsula through diplomatic and economic pressure44 7#aa7 ,on ,august #aj1 #bjag1 ,defense ,secretary ,james ,mattis stated that armed conflict with ,north ,korea would be catastrophic4 #c4 ,prohibition on unconstitutional military strikes against ,north ,korea 7a7 ,in general ,none of the funds appropriated or otherwise made available to the ,department of ,defense or to any other ,federal department or agency may be used to launch a military strike against ,north ,korea or introduce the ,armed ,forces into hostilities in ,north ,korea before the date on which ,congress declares war on ,north ,korea or enacts an authorization described in subsection 7b74 7b7 ,authorization of military strikes ,an authorization described in this subsection is an authorization that meets the requirements of the ,war ,powers ,resolution 7,public ,law #ic-adh2 #ej ,u4,s4,c4 #aeda et seq47 and that is enacted after the date of the enactment of this ,act4 7c7 ,exceptions ,the prohibition under subsection 7a7 shall not apply with respect to the introduction of the ,armed ,forces into hostilities to repel a sudden attack on the ,united ,states1 its territories or possessions1 the ,united ,states ,armed ,forces1 or ,united ,states allies or to the deployment of ,united ,states ,armed ,forces to rescue or remove ,united ,states personnel4 7d7 ,rule of construction ,nothing in this section may be construed to relieve the executive branch of the restrictions on the use of force or the reporting requirements stated in the ,war ,powers ,resolution 7,public ,law #ic-adh2 #ej ,u4,s4,c4 #aeda et seq474 #d4 ,sense of ,congress in support of a diplomatic resolution to growing tensions with ,north ,korea ,it is the sense of ,congress that-- 7#a7 a conflict on the ,korean peninsula would have catastrophic consequences for the ,american people1 for members of the ,united ,states ,armed ,forces stationed in the region1 for ,united ,states interests1 for ,united ,states allies the ,republic of ,korea and ,japan1 for the long-suffering people of ,north ,korea1 and for global peace and security more broadly1 and that actions and statements that increase tensions and could lead to miscalculation should be avoided2 and 7#b7 the ,president1 in coordination with ,united ,states allies1 should explore and pursue every feasible opportunity to engage in talks with the ,government of ,north ,korea on concrete steps to reduce tensions and improve communication1 and to initiate negotiations designed to achieve a diplomatic agreement to halt and eventually reverse ,north ,korea's nuclear and missile pursuits and to move toward denuclearization and a permanent peace in the ,korean peninsula4