S.J.Res.193

SECTION 1. Findings.

Congress makes the following findings:

1. (1) Congress has the sole power to declare war under article I, section 8, clause 11 of the United States Constitution.
2. (2) The President has a constitutional responsibility to take actions to defend the United States, its territories, its possessions, citizens, service members, and diplomats from attack.
3. (3) Congress has not declared war upon Cuba or upon any person or organization within Cuba, nor enacted a specific statutory authorization for the use of military force within or against Cuba.
4. (4) The Supreme Court held in the Prize Cases, 2 Black 635 (1863), the “proclamation of blockade is itself official and conclusive evidence to the Court that a state of war exist[s]”. The President, the Supreme Court noted, “has no power to initiate or declare a war either against a foreign nation or a domestic State”.
5. (5) The use of force by the United States Armed Forces within or against Cuba, including the use of the United States Coast Guard and other components of the Armed Forces to conduct a blockade or quarantine of Cuba constitutes the introduction of United States Armed Forces into hostilities within the meaning of section 4(a) of the War Powers Resolution (50 U.S.C. 1543(a)).
6. (6) Section 1013 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) provides that any joint resolution or bill requiring the removal of United States Armed Forces from imminent engagement in hostilities without a declaration of war or specific statutory authorization shall be considered in accordance with the expedited procedures under section 601(b) of the International Security and Arms Export Control Act of 1976 (Public Law 94–329).