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house Bill H.R. 4140

Should Congress Have to Approve Military Action Against North Korea?

Argument in favor

This bill provides a useful reminder that the Constitution grants the power to declare war to Congress. The U.S. shouldn’t launch a strike against North Korea unless lawmakers authorize the use of military force.

David's Opinion
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11/10/2017
No single individual, including the President of the United States should have the sole authority to launch a pre-preemptive nuclear strike.
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Jessica's Opinion
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11/10/2017
Our Commander in Chief should not have the authority to make this decision alone unless absolutely no other options are available.
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Ramona's Opinion
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11/10/2017
We can’t afford to have quick acting and no thinking regarding North Korea.
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Argument opposed

The president should have the flexibility to launch a preemptive strike on North Korea if it becomes clear the regime intends to carry out a nuclear attack without Congress’ approval. This bill isn’t necessary.

Kyle's Opinion
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11/10/2017
I think we have enough problems as it is with congress and other stuff we need to focus on Americans and fix our broken system
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Bc's Opinion
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11/10/2017
Until CONGRESS can get their heads out of their bi/partisan asses and work together for the best interest of AMERICA, NO. I don’t trust them to act in a patriotic manner / they have not shown me the ability to do that! THE SWAMP HAS NOT BEEN DRAINED, but BABY, those lifers in Congress had best get ready for retirement because I am sick of them and they WILL be sent home! WHERE IS TAX REFORM? WHERE IS AFFORDABLE HEALTHCARE (hint: it is only affordable for the leaches. Middle Class has UNAFFORDABLE Healthcare because we are now picking up every leach’s bill along with our own!) TRUST YOU TO DECLARE WAR? HELL, YOU CAN’T WIPE YOUR ASSES WITHOUT BUY OFF FROM LOBBYISTS! President Trump DOES have America’s best interests in heart. He can declare war without you low life traitors!
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Adam's Opinion
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11/10/2017
That would be tactically stupid, everyone knows NK is our generations Nazi Germany. They murder, torture and enslave political enemies. We should have removed their government before it got to this point... how many more people have to be a victim to NK’s tyranny? Any action should be swift, decisive and without warning. Apart from partisan politics
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bill Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
  • The house has not voted
      house Committees
      Committee on Armed Services
      Committee on Foreign Affairs
    IntroducedOctober 26th, 2017

What is House Bill H.R. 4140?

This bill would prohibit the use of federal funds to launch a military strike against North Korea or introduce the U.S. Armed Forces into hostilities in North Korea before Congress has either declared war or authorized the use of military force under the War Powers Resolution. Exceptions would be permitted if military action is needed to repel a sudden attack on the U.S., its territories, or its allies; or to rescue or remove U.S. personnel.

Impact

The U.S. military; North Korea; Congress; and the president.

Cost of House Bill H.R. 4140

A CBO cost estimate is unavailable.

More Information

In-DepthSponsoring Rep. John Conyers (D-MI) introduced this bill to prohibit the use of federal funds from being used to attack North Korea without the approval of Congress:

“As a veteran of the Korean War, I am ashamed that our Commander-in-Chief is conducting himself in a reckless manner that endangers our troops stationed in South Korea and our regional allies. That is why Congress is standing up today to ensure that this Administration understands that the Constitution does not permit military attacks without Congressional approval. During the campaign, people feared a President Trump with the power to initiate a nuclear conflict—less than a year later, those fears are far too close to being realized. Trump must immediately cease talk of pre-emptive war and commit to the diplomatic path advocated by both American experts and the South Korean government.”

This legislation has the support of 61 cosponsors, including 59 Democrats and two Republicans.


Media:

Summary by Eric Revell

(Photo Credit: icholakov / iStock)

AKA

No Unconstitutional Strike against North Korea Act

Official Title

To prohibit the introduction of the Armed Forces into hostilities in North Korea without a declaration of war or explicit statutory authorization, and for other purposes.

    No single individual, including the President of the United States should have the sole authority to launch a pre-preemptive nuclear strike.
    Like (219)
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    I think we have enough problems as it is with congress and other stuff we need to focus on Americans and fix our broken system
    Like (62)
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    Our Commander in Chief should not have the authority to make this decision alone unless absolutely no other options are available.
    Like (163)
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    We can’t afford to have quick acting and no thinking regarding North Korea.
    Like (102)
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    The constitution grants the right to declare war to Congress not to the whims of impulsiveness.
    Like (91)
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    Yes they should. North Korea is a sovereign nation state meaning that it is under Congressional authority to authorize warfare on another state. Previous administrations have been able to get by during the war on terror by arguing that these are non state actors we are combating which means the standard rules of war don’t apply. Given the instability, weakness, and undemocratic/authoritarian tendencies of the current president, it would permanently damage the checks and balances designed under our constitution if Congress was prevented from exercising its constitutionally granted powers.
    Like (73)
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    War Powers. Article I, Section 8, Clause 11 of the U.S. Constitution grants Congress the power to declare war. The President, meanwhile, derives the power to direct the military after a Congressional declaration of war from Article II, Section 2, which names the President Commander-in-Chief of the armed forces.
    Like (63)
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    Currently we have a president in office who acts off of pure emotion and not logistics, so I feel that Congress should definitely have to approve any type of military action dealing with North Korea
    Like (41)
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    Yes. One man should not be making the decision on this. This needs a check.
    Like (40)
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    Our current president can not be trusted to make life or death decisions. While the current members of Congress are hardly trustworthy, there must at least be checks on this raging narcissist’s power.
    Like (32)
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    Until CONGRESS can get their heads out of their bi/partisan asses and work together for the best interest of AMERICA, NO. I don’t trust them to act in a patriotic manner / they have not shown me the ability to do that! THE SWAMP HAS NOT BEEN DRAINED, but BABY, those lifers in Congress had best get ready for retirement because I am sick of them and they WILL be sent home! WHERE IS TAX REFORM? WHERE IS AFFORDABLE HEALTHCARE (hint: it is only affordable for the leaches. Middle Class has UNAFFORDABLE Healthcare because we are now picking up every leach’s bill along with our own!) TRUST YOU TO DECLARE WAR? HELL, YOU CAN’T WIPE YOUR ASSES WITHOUT BUY OFF FROM LOBBYISTS! President Trump DOES have America’s best interests in heart. He can declare war without you low life traitors!
    Like (23)
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    The US should not be getting involved in military action against N. Korea, which would create millions of casualties and could set off nuclear war. But any action decided by our clinically Psychopathic president should have to go through the US Congress.
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    As Rachel Maddow discusses in her book Drift, the power of Congress to approve military operations has eroded since the Vietnam War and should be reinforced to avoid a knee-jerk executive action (or covert operation) that would put American soldiers lives at risk. We still do not know the particular mission of the 4 Green Berets killed in Niger, an unacceptable situation that would be avoided if Congress had been informed.
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    That would be tactically stupid, everyone knows NK is our generations Nazi Germany. They murder, torture and enslave political enemies. We should have removed their government before it got to this point... how many more people have to be a victim to NK’s tyranny? Any action should be swift, decisive and without warning. Apart from partisan politics
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    Should not just be the decision of our deranged president. This is why we have these rules in place
    Like (16)
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    The Constitution is very clear: "The Congress shall have Power ... To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water" (art. I § 8) It is this way so that war is a calculated, non-emotional decision.
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    In the constitution it is written that Congress can declare war but the president is commander and chief. This was written to not give full military power to one branch. Allowing Congress control of military decision makes them way too powerful and goes against the foundation of separation of powers in our government.
    Like (13)
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    Congress must be included in any decision to start a war with N. Korea or any one else. This Administration is way to trigger happy.
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    Congress must be consulted and an action such as this needs to be voted on, especially considering the current US president has mental health issues.
    Like (9)
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    Is this even a question?
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