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senate Bill S. Joint Res. 46

Should The U.S. Declare War On ISIS?

Argument in favor

Congress should formally declare a war to bring the full brunt of the U.S. military force, including boots on the ground, against ISIS.

Loraki's Opinion
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01/12/2017
Yes! After all, they ARE waging war against us and the rest of western civilization!
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Kyle's Opinion
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04/14/2015
They already declared war on us. We should destroy them before they actually gain recognition as a country and get big enough to fight. You don't wait for a weed to strangle your garden.
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DCPolitical's Opinion
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05/21/2015
ISIS has declared war on the U.S. already, so we are not going out of our way to interfere in what is not our business. I am not opposed to taking military action against ISIS but I feel it would be better if more countries took action instead of just the U.S.
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Argument opposed

Congress needs to take the initiative to halt a de facto war that has been escalated by the Executive Branch. War isn't always the answer — what about diplomacy?

Mdurham44's Opinion
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05/17/2015
ISIS is a theological ideology. Declaring war on something as abstract as that could easily plunder the USA into an ongoing, debt incurring war that lasts as long as Iraq, Iran, and Vietnam all put together.
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Reality-Check's Opinion
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05/12/2015
Doing so would allow these barbarians to ignore the Geneva conventions on the treatment of prisoners of war and hamstring our military to follow it and destroy it's morale and motivation in any situation.
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Rene's Opinion
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03/07/2015
If Rand Paul wants to place young people in harm's way, I suggest he start with members of his own family. Americans are tired of burying our young for rich men's political gains. Think outside the box and let America assist in other ways other than getting our children killed.
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What is Senate Bill S. Joint Res. 46?

This joint resolution would declare that a state of war exists between the Islamic State (also known as ISIS or ISIL) and the U.S. 


S.J.Res. 46 would allow the President to authorize armed forces to protect U.S. people and facilities in Iraq and Syria against the threats posed by ISIS. The use of ground forces would not be authorized under this resolution — unless it is necessary for the protection of U.S. Armed Forces or U.S. citizens from imminent danger posed by ISIS. Further exceptions would be allowed for limited operations against high value targets, or as necessary for advisory and intelligence gathering operations.


Under S.J.Res. 46, the authorization for the Use of Military Force Against Iraq Resolution of 2002 would be repealed. S.J.Res 46 also states that it intends to grant statutory authority within the War Powers Resolution.

This authorization for the use of military force against ISIS would be terminated one year after S.J.Res 46 is enacted, requiring Congress to re-authorize operations at that time.

Impact

Members of the U.S. Armed Forces, U.S. citizens in areas affected by ISIS, ISIS allies, Congress, the President.

Cost of Senate Bill S. Joint Res. 46

A CBO cost estimate is unavailable.

More Information

Of Note:

If Congress were to agree to this declaration of war, it would be the first time since World War II and the twelfth time in American history that Congress exercised the power to declare war. 


Senator Paul’s introduction of this resolution addresses the fact that Article I, section 8 of the U.S. Constitution states that “The Congress shall have the power to.. declare war.” His introduction also references the thoughts of two founding fathers on Congress and declarations of war. George Washington stated that “no offensive expedition of importance can be undertaken” without the approval of Congress, and James Madison wrote that “the declaring of war is expressly made a legislative function.”


With respect to ISIS, the President has pointed to the authorizations for military force against Al Qaeda and Iraq as legal justification for attacking ISIS, because those authorizations never expired. President Obama has announced that he will seek an ISIS-specific authorization from Congress in addition to funding the training of the Kurds, certain Syrian rebels, and the Iraqi military to fight the ground war against ISIS.



Media:

Sponsoring Senator Rand Paul (R-KY) Press Release

New York Times

Bloomberg

National Journal

(Photo Credit: International Business Times)

AKA

Declaration of War against the Organization known as the Islamic State

Official Title

A joint resolution to declare that a state of war exists between the organization referring to itself as the Islamic State and the Government and the people of the United States, and to make provisions to prosecute the same.

joint resolution Progress


  • Not enacted
    The President has not signed this bill
  • The house has not voted
  • The senate has not voted
      senate Committees
      Committee on Foreign Relations
    IntroducedDecember 3rd, 2014
    Yes! After all, they ARE waging war against us and the rest of western civilization!
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    They already declared war on us. We should destroy them before they actually gain recognition as a country and get big enough to fight. You don't wait for a weed to strangle your garden.
    Like (5)
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    ISIS has declared war on the U.S. already, so we are not going out of our way to interfere in what is not our business. I am not opposed to taking military action against ISIS but I feel it would be better if more countries took action instead of just the U.S.
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    Diplomacy is not an option with these people. It's time to end them.
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    Diplomatic solutions won't work with Isis. We must use force for the same reason police officers use force, as a last resort and to prevent future suffering. If we do not, the same thing will happen when police officers ignore crime, crime will grow and it will be harder and harder to fight in the future.
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    Stop the slaughter of christians.
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    ISIS is not a legitimate state.
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    If Rand Paul wants to place young people in harm's way, I suggest he start with members of his own family. Americans are tired of burying our young for rich men's political gains. Think outside the box and let America assist in other ways other than getting our children killed.
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    Isis is an ideology, not a state. Military action is not the answer, education is. We should stay out of the Sunni/Shia civil war that has been going on for so long.
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    Only through targeted airstrikes.
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    They've already declared war on us, what's the hold up?
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    We must not allow the USA to become the UISA (United Islamic States of America
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    Sure. What could possibly go wrong? Desert Storm II: Electric Boogaloo
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    The five million members of ISIS should be eliminated.
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    Diplomacy is not on the agenda for ISIS. They want to destroy America and letting them grow would only be a mistake.
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    ISIS is a theological ideology. Declaring war on something as abstract as that could easily plunder the USA into an ongoing, debt incurring war that lasts as long as Iraq, Iran, and Vietnam all put together.
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    Yes let's show them what we can do as the mightiest military and nation on this planet hooah!
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    If the US declares war on an ideology, which is essentially what ISIL is, they will use their recruiting and propaganda tactics to turn it into a holy Crusade from a Christian nation. We are secular and we should not give anyone an impression otherwise. We need to stay out of this conflict completely.
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    Doing so would allow these barbarians to ignore the Geneva conventions on the treatment of prisoners of war and hamstring our military to follow it and destroy it's morale and motivation in any situation.
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    A formal declaration of war against ISIS would be the proper way of authorizing our military action against them. Not to mention that it would hopefully encourage Congress to reclaim its authority in declaring war, as presidential power has increased through the War Powers Resolution.
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