Senators Feinstein and Leahy Introduce Resolution Opposing the Use of
Force Against Iraq without Congressional Authorization
July 30, 2002

Washington, DC -- U.S. Senators Dianne Feinstein (D-Calif.) and Patrick Leahy (D-VT) today introduced a concurrent resolution opposing the use of force against Iraq without congressinal authorization or a declaration of war.

"This is not a question of if Iraq is or is not a rogue state -- it is." Senator Feinstein said. "Nor is it a question of whether or not Saddam Hussein is a brutal dictator -- he most certainly is. The question is what is the best policy for the United States to address these issues and, if we are to use force, that we do so only after full debate and consideration of the options and with a united government and the specific statutory authorization of Congress."

"Under the Constitution only the Congress can declare war, and I offer this resolution because of the growing sense, both within the United States and abroad, that the Bush Administration is poised to launch a major military offensive against the nation of Iraq."

Specifically, the resolution expresses the sense of the Congress that:

  • The United States and the United Nations Security Council should insist on a complete program of inspection and monitoring to prevent the development of weapons of mass destruction in Iraq;


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  • Iraq should allow the United Nations weapons inspectors "immediate, unconditional, and unrestricted access to any and all areas, facilities, equipment, records and means of transportation which they wish to inspect" as required by Unite Nations Security Council Resolution 1284 of December 17, 1999;


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  • The United States should not initiate the use of force against Iraq without specific statutory authorization or a declaration of war under Article I, Section 8, Clause 11 of the Constitution of the United States (except as provided by the existing Rules of Engagement used by coalition forces to exercise the right of self defense or under the National Security Act of 1947).

In a speech on the Senate Floor, Senator Feinstein also called on the Iraqi government to come into compliance with United Nations Security Council Resolution 687, which prohibits Iraq from acquiring or developing nuclear weapons or other weapons of mass destruction, and allows U.N. weapons inspectors complete access to Iraq's military installations and weapons facilities.

"I strongly believe that Iraq should promptly agree to the return of the United Nations weapons inspectors it expelled in 1998," Senator Feinstein said. "If the government of Saddam Hussein has nothing to hide - something it continues to claim - then now is the time to prove it to the entire world. Iraq's refusal to cooperate would be a tacit admission of deception, and of the pursuit and stockpiling of chemical, biological, and yes, admission that the rumors of his pressing ahead to develop nuclear warheads are true."

In addition, Feinstein urged the Bush Administration to work with our allies and the United Nations to develop a multi-lateral approach to compel Iraq to live up to its obligations.

"At this time, I know of no formal support for a full scale military action from any other nation. I know of no formal grant of 'fly-over' or landing rights which would be granted by any nation in connection with invasion plans."

"At this point the United States would be alone -- unilaterally taking action. To do so without support from our allies or the United Nations would clearly identify the United States as an aggressor, and may well prompt a series of potentially catastrophic actions."

If, however, there were evidence that Iraq was harboring terrorists, linked to the September 11 attacks, or creating a stockpile of weapons of mass destruction, Feinstein urged the Bush Administration to present such evidence to the Congress and the people of the United States and formally ask for authorization to use force.

"Should the President determine that there is just cause for military action against Iraq, I would urge him to come before Congress and the American people to make his case, and let us in turn discharge our Constitutional duty to debate and vote on the authorization of the use of force against Iraq."

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