Attachment B of the Plan to Confirm that the War Powers Acts, the Federal Reserve Act of 1913 and Scores of Other Laws are Null and Void as of their Date of Enactment

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Draft, Proposed Bill to Confirm that Public Law 107-40, the Authorization for Use of Military Force (AUMF), Has Been Null and Void Since its Enactment Sept.18, 2001

(Updated February 16, 2015)


Draft

114th CONGRESS

1st Session

H. R. _____


To Confirm that Public Law 107--40 has been Null and Void Since its Enactment, Sept.18, 2001


IN THE HOUSE OF REPRESENTATIVES


February ____, 2015


Ms. ___________ of ___________ (for herself) and Mr.________, Mr. ____________,


Mr.____________ and Ms.___________ introduced the following bill which was referred to the


Committee on the Judiciary

A Bill


To Confirm that Public Law 107-40 Has Been Null and Void since its enactment Sept. 16, 2001

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,


SECTION 1. SHORT TITLE.


           This Act may be cited as ‘Confirming that AUMF, Public Law 107-40 has been Null and Void Since its Enactment’


SEC. 2. CONGRESSIONAL FINDING.


A majority of the members of Congress confirm that:


1. The Kellogg-Briand Pact of 1928, ratified by United States Senate in 1929 is a valid treaty and part of the supreme law of the Land. It renounces wars and requires that the settlement or solution of all disputes or conflicts of whatever nature or of whatever origin they may be, which may arise among them, shall never be sought except by pacific means.


2. The United Nations Charter:


     a. In Article 2(3), requires countries to “settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.”

 

     b. In Article 2(4), requires countries to “refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.”

 

     c. In Article 33(1), requires “The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.”


3. The Constitution of the United States:

 

     a. Gives Congress the sole power To declare War.

 

     b. Does not give the President ... authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States as falsely stated in Public Law 107-40

 

     c. In Article II, Section 2 states: The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States. Since war are illegal and all conflicts must be settled by peaceful means, the Army, Navy and Militia (National Guard) cannot be legitimately called into the actual Service of the United States. The President is not Commander in Chief and has no war powers. Neither Congress nor the President may legally call the Army, Navy and Militia (National Guard) into Service of the United States to attack any country, group or individual


4. Congress does not have the power to authorize the President to use any form of force other than to defend against direct attacks against the U.S.


5. The September 11, 2001 attacks were criminal acts and should be resolved as such by the U.S. criminal justice system and courts, the World Court, the International Criminal Court (ICC) and INTERPOL all of which should be fully funded, strengthened and reformed as necessary


6. The underlying causes and reasons for the September 11, 2001 attacks should be determined and steps taken to correct them.


7. Public Law 107--40 — September 18, 2001 stated purpose was to authorize [only] the use of United States Armed Forces against those responsible for the recent attacks launched against the United States. It has wrongfully and unlawfully been used to justify a broad and open-ended authorization for the use of both US Armed Forces and nonmilitary personnel from the Central Intelligence Agency, National Security Agency, the FBI and other government agencies, private contractors and their agents to:

 

           i. Attack, bomb, invade, conduct drone attacks and/or covert operations against several countries

 

           ii. Torture, abuse, murder, maim and detaing individuals in many countries

 

           iii. Intervene in internal and domestic dispute in other countries

 

           iv. To violate the rights of the people of the United States and other countries

 

           v. For ex-judicial killings

 

           vi. Enact harsh sanctions


in violation of and/or inconsistent with the laws in paragraphs1-3 above and many other laws.

 

     b. Is unconstitutional, null and void as of when it was enacted September 18, 2001


SEC. 3. CONFIRMATION OF THE NULLITY OF PUBLIC LAW 107-40—Sept. 18, 2001

 

The Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) is hereby confirmed to be null and void as of September 18, 2001, the date of its enactment.