H.Con.Res. 61 explained · 119th Congress · Pending in Congress
Directing the President, pursuant to section 5(c) of the War Powers Resolution, to remove United States Armed Forces from hostilities with presidentially designated terrorist organizations in the Western Hemisphere.
Cosponsors: 41 (41 D, 0 R) · per Congress.gov, 2026-10-09
Introduced: 2025-11-17
Latest action (2025-12-17): Motion to reconsider laid on the table Agreed to without objection.
What H.Con.Res. 61 does, in plain terms
This concurrent resolution directs the President to remove U.S. Armed Forces from hostilities with any presidentially designated terrorist organization in the Western Hemisphere unless a declaration of war or authorization to use military force for such purpose has been enacted.
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
“VFA Constitution grade”
Constitutionally sound
Graded 2026-10-09
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 regulate the armed forces under Article I, Section 8, Clauses 11–14. It does not infringe any rights under the Bill of Rights, restrict individual sovereignty, or violate due process or takings protections. The resolution appropriately maintains federal authority over military hostilities while requiring congressional authorization, consistent with the separation of powers and the War Powers Resolution.
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✓ Passes · Enumerated powers
Congress has explicit constitutional authority under Article I, Section 8, Clause 11 to declare war and under Clause 14 to make rules for the government and regulation of the land and naval forces. The War Powers Resolution (50 U.S.C. 1541–1548) is a valid exercise of that power. This concurrent resolution directs the President to remove forces from hostilities unless Congress has authorized such … -
✓ Passes · Bill of Rights
The resolution 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. It addresses only the deployment of U.S. Armed Forces and does not implicate any provision of the first ten amendments. -
✓ Passes · Individual sovereignty
The resolution imposes no restriction on individual liberty, property, speech, labor, or belief. It directs the President to remove military forces from hostilities, which is a government action that does not burden any individual's sovereignty. The government bears no need to justify a restriction because none exists. -
✓ Passes · Decentralization
The four-question test: (1) An individual or family cannot handle hostilities with terrorist organizations—this is inherently a national security matter. (2) A local community or county cannot handle such hostilities. (3) A state cannot handle federal military forces or international hostilities. (4) The resolution does not consolidate decision-making upward; it reinforces the constitutional alloc… -
✓ Passes · Due process and takings
The resolution does not deprive any person of life, liberty, or property without due process, nor does it take private property for public use without just compensation. It is a directive concerning military operations and does not implicate the Fifth or Fourteenth Amendments.
Sources: Congress.gov: HCONRES 61 summary
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