Representatives Peter DeFazio and Ron Paul have introduced legislation on February 7 to repeal last session's Authorization for Use of Military Force Against Iraq Resolution of 2002. Rep DeFazio had this to say on war with Iraq:
“The President seeks war, this is clear. The Constitution grants the Congress sole authority to declare war, and I believe the President should come before Congress to seek that authority. Our resolution allows him that option.”
Congress has the sole authority to declare war. It does not possess the authority to issue blank checks to the Administration as a means of letting themselves off the hook, which they clearly did with the Authorization for Use of Military Force Against Iraq Resolution of 2002. A press release sent by DeFazio explained the purpose of their new legislation:
The legislation repeals the broad delegation of authority Congress gave to the President in October, to launch military action against Iraq. Under this legally-binding resolution, the President would have to return to Congress to seek authority to launch a preventive attack on Iraq.
DeFazio and Paul have taken a bold step in the right direction. Last session's resolution enacted by Congress does not meet the Constitutional requirement in Section 8, Clause 11 of a formal declaration of war. It might help ease their consciences by shifting responsibility elsewhere, but it in the process those Members of Congress responsible for the successful passage of the Act committed a gutless dereliction of their proper duty and undermined the principles laid out by the system of checks and balances in the framework of the Constitution.