Directing the President pursuant to section 5(c) of the War Powers Resolution to remove United States Armed Forces from unauthorized hostilities in the Islamic Republic of Iran.

SI-generated grade · five published checks · not individually reviewed by a person · methodology

This concurrent resolution is fully constitutional. It exercises Congress's enumerated power to declare war and to oversee the use of military force, consistent with Article I, Section 8, Clause 11 and the War Powers Resolution. It does not infringe any rights under the Bill of Rights, does not restrict individual sovereignty, respects decentralization by keeping war powers at the federal level while reinforcing congressional authority over the executive, and raises no due process or takings concerns.

• ✓ Passes · Enumerated powers
  Congress has the constitutional authority to declare war and to direct the removal of armed forces from unauthorized hostilities under Article I, Section 8, Clause 11. This resolution is a proper exercise of that power and is consistent with the War Powers Resolution (50 U.S.C. 1541-1548).
• ✓ Passes · Bill of Rights
  The resolution does not implicate any provision of the first ten amendments. It addresses the use of military force abroad and does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, trial rights, or cruel and unusual punishment.
• ✓ Passes · Individual sovereignty
  The resolution does not restrict what individuals may do with their person, property, speech, labor, or belief. It directs the President to terminate unauthorized hostilities, which is a government action concerning the military, not individual liberty.
• ✓ Passes · Decentralization
  The resolution passes all four questions of the decentralization test. (1) An individual cannot handle war; it is a national matter. (2) A local community cannot handle war. (3) A state cannot handle war; foreign policy and military action are exclusively federal. (4) The resolution does not consolidate decision-making upward; it reasserts Congress's constitutional role over the executive, which i…
• ✓ Passes · Due process and takings
  The resolution does not bypass due process, presume guilt, or take property without just compensation. It is a directive to the President regarding military operations and does not affect any person's procedural or substantive due process rights or property interests.

Sources: Congress.gov: HCONRES 38 summary