,,ii #aafth ,,congress #b;d ,session ,s4 #djbj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bb1 #bjbj ,mr4 ,markey 7for himself1 ,ms4 ,warren1 ,mr4 ,merkley1 and ,mr4 ,sanders7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to prevent an unconstitutional war with ,north ,korea4 #a4 ,short title ,this ,act may be cited as the ,no ,unconstitutional ,war with ,north ,korea ,act of #bjbj4 #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 measure4 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 war4 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 war4 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 ,on ,april #ab1 #bjah1 then-,director of the ,central ,intelligence ,agency1 ,mike ,pompeo1 testified before the ,committee on ,foreign ,relations of the ,senate that he believed the ,president had the authority to send ,united ,states military forces into action even if none of the qualifications of section #b7;c7 of the ,war ,powers ,resolution are met4 7#h7 ,on ,february #ac1 #bjbj1 a bipartisan majority in the ,senate directed the ,president to remove ,armed ,forces from hostilities against ,iran or any part of its government or military1 unless otherwise explicitly authorized by ,congress1 following passage of a similar measure in the ,house of ,representatives on ,january #i1 #bjbj4 7#i7 ,the ,united ,states has approximately #bh1ejj members of the ,armed ,forces stationed in ,korea1 and over #ajj1jjj ,united ,states citizens in total1 all of whom would be placed in grave danger if an active military conflict on the ,korean ,peninsula were to erupt4 #c4 ,prohibition on unconstitutional military strikes against ,north ,korea 7a7 ,prohibition of authorized military force ,in or against ,north ,korea ,except as provided in subsection 7b71 no ,federal funds may be obligated or expended for any use of military force in or against ,north ,korea unless ,congress has-- 7#a7 declared war2 or 7#b7 enacted specific statutory authorization for such use of military force after the date of the enactment of this ,act that meets the requirements of the ,war ,powers ,resolution 7#ej ,u4,s4,c4 #aeda et seq474 7b7 ,exception ,the prohibition under subsection 7a7 shall not apply to a use of military force that is consistent with section #b7;c7 of the ,war ,powers ,resolution4 7c7 ,rule of construction ,nothing in this section may be construed-- 7#a7 to prevent the ,president from using necessary and appropriate force to defend ,united ,states allies and partners if ,congress enacts specific statutory authorization for such use of force consistent with the requirements of the ,war ,powers ,resolution 7#ej ,u4,s4,c4 #aeda et seq472 7#b7 to relieve the executive branch of restrictions on the use of force1 reporting1 or consultation requirements set forth in the ,war ,powers ,resolution 7#ej ,u4,s4,c4 #aeda et seq472 or 7#c7 to authorize the use of military force4 #d4 ,sense of ,congress in support of 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 reinvigorate high-level negotiations aimed at achieving a diplomatic agreement consistent with the ,june #ab1 #bjah1 ,joint ,statement of ,president ,donald ,j4 ,trump of the ,united ,states of ,america and ,chairman ,kim ,jong ,un of the ,democratic ,people's ,republic of ,korea at the ,singapore ,summit4