Hon. Joseph R. Biden, Jr.
Chairman
Senate Foreign Relations Committee
446 Dirksen Senate Office Building
Washington, DC 20510-6225 

Hon. Richard G. Lugar
Member
Senate Foreign Relations Committee
450 Dirksen Senate Office Building
Washington, DC 20510-6225 

Re: Proposed Joint Resolution Authorizing Use of Force Against Iraq  

Dear Chairman Biden and Senator Lugar: 

On behalf of the American Civil Liberties Union and its approximately 300,000 members, we write to thank you for your efforts to craft a resolution that contains meaningful standards that make clear what Congress is authorizing the President to do with respect to Iraq. 

The President's initial draft was a blank check. It did not specify against which countries force could be used or the objectives of military action. It violated the Constitution and the War Powers Act by asserting unilateral Presidential war-making power. Congress would have been evading its constitutional obligations if it were to enact such a resolution.[1] By contrast, your resolution sets forth specific criteria for military action -- both with and without the approval of the United Nations -- and reaffirms Congress's war powers. 

Whether your resolution specifies the right criteria for military action is for Congress to determine. We take no position on whether or under what conditions force should be used. Under the Constitution, however, decisions whether to use military force require Congress's consent. For that debate to be meaningful, a resolution must spell out clearly what Congress intends to authorize. We believe your efforts are playing a vital role in doing so. 

Sincerely, 

Laura W. Murphy
Director, Washington National Office 

Timothy H. Edgar
ACLU Legislative Counsel 

cc: Members of the United States Senate 

ENDNOTES

[1] Our previous letter explaining these problems with the original proposal is available at  /safefree/general/17031leg20020920.html