A JOINT RESOLUTION urging the President of the United States and the
Secretary of Defense to withdraw all New York National Guard troops from
Iraq in the absence of a valid and subsisting Congressional mandate for
such service and memorializing the Department of Defense to cancel the
pending deployment of those New York National Guard troops in the
absence of such mandate; and withholding the consent of the Governor and
State Legislature from any further deployment of the New York National
Guard to Iraq in the absence of such mandate

WHEREAS, The war in Iraq has entered its sixth year, resulting in the
deaths of over 4,000 American service men and women, over 30,000 wounded
and countless cases of post-traumatic stress disorder, among other seri-
ous and often permanent conditions; wounded service people have over-
whelmed the veteran's hospitals, which now have serious patient backlogs
and funding shortfalls; and
WHEREAS, The cost of war now exceeds $1.3 trillion, $16,500 for each
American family of four, and continues to rise; and
WHEREAS, New York cities on high alert for national security spend
hundreds of millions of dollars to pay police for overtime because New
York State National Guard members are deployed to Iraq, and communities
near four New York nuclear power plants have expressed concern that the
planned removal of National Guard members will impair their ability to
respond to accidents or other events at the plants; and
WHEREAS, Sixty-five percent of New York State's National Guard equip-
ment such as trucks and vehicles and 81% of chemical detectors and
alarms have been shipped to Iraq, impairing New York State's ability to
respond to an emergency; on the other hand, 88% of National Guard forces
in Iraq were deemed "not ready" because they were so poorly equipped;
and
WHEREAS, Even if such adverse impacts on the New York National Guard
were absent, and assuming arguendo that the war was lawful when
commenced, the presence of the Guard members in Iraq is not now lawful;
under Article I, Section 8, Clause 15 of the United States Constitution,
Congress may call forth the militia to execute the laws of the Union,
suppress insurrection, and repel invasions; and
WHEREAS, Since 1933, federal law has provided that persons enlisting
in a state National Guard unit simultaneously enlist in the National
Guard of the United States, part of the United States Army; the enlis-
tees retain their status as state guard members unless and until ordered
to active federal duty and then revert to state status upon being
relieved from federal service; and
WHEREAS, Under the United States Constitution, each state's National
Guard unit is controlled by the governor, but can be called up for
federal duty by the President, provided that the President is acting
pursuant to the Constitution and laws of the United States; and
WHEREAS, The War Powers Act of 1973 (Public Law 93-148) specifically
limits the power of the President of the United States to wage war with-
out the approval of Congress; and
WHEREAS, In October 2002, the United States Congress authorized mili-
tary force under the Authorization for the Use of Military Force Against
Iraq, (Public Law No. 107-243) (AUMF), a law enacted in response to a
presidential request under the War Powers Act; the AUMF stated in part
that the President is authorized to use the armed forces of the United
States as he determines to be necessary and appropriate in order to
defend the national security of the United States against the continuing
threat posed by Iraq and enforce all relevant United Nations Security
Council Resolutions regarding Iraq; and

WHEREAS, The AUMF contained neither a termination date, nor a process
or procedure to determine when the authorization should terminate; and
WHEREAS, United States forces, including members of the New York
National Guard and guard members from other states have long since
addressed the purposes recited under the AUMF, and Iraq does not pose a
continuing threat to the national security of the United States, nor is
there an extant and relevant United Nations Security Council Resolution
to be enforced within the meaning of the AUMF; and
WHEREAS, The President may not maintain United States Forces, and in
particular members of the New York National Guard, in Iraq other than
for the purposes set forth by Congress in the AUMF; without a specific
date for withdrawal of United States forces from Iraq in the AUMF or a
method or formula for determining the time for withdrawal, and in the
absence of Congressional legislation curing these omissions, the Presi-
dent is required to order the withdrawal of troops within a reasonable
time and in a reasonable manner; the President has taken no such action;
and
WHEREAS, Other than the AUMF, there is no authority under the Consti-
tution or the laws of the United States for the continued presence of
New York National Guard members in Iraq; and
WHEREAS, The maintenance of New York National Guard members in Iraq
beyond the time and scope set forth in the AUMF has resulted in signif-
icant harm to Guard members and their families, including combat deaths
and suicides, permanent injuries, physical and mental suffering,
disruption of employment, often involving loss of livelihood, loss of
affection and companionship, and other needless hardships; now, there-
fore, be it
RESOLVED, That the Congressional Authorization for the Use of Military
Force of October 16, 2002, has expired and no further authorization has
been issued, and therefore the President is memorialized to order the
return of all units of the New York National Guard from Iraq, and cease
future deployment of New York National Guard members to Iraq; and be it
further
RESOLVED, That the New York National Guard shall hereafter be limited
to service within and on behalf of the State of New York, unless called
into federal service pursuant to a declaration of war or a duly enacted
and substituting federal statute authorizing the use of military force;
and it be further
RESOLVED, That the New York Attorney General be authorized to appeal
in any state or federal court with jurisdiction over the deployment of
the New York National Guard to defend any decision to consent, or not
consent, to the deployment of the New York National Guard to Iraq; or to
file an action on behalf of the State of New York with respect to the
same subject matter; and be it further
RESOLVED, That copies of this Resolution, suitably engrossed, be tran-
smitted to The Honorable David A. Paterson, Governor of the State of New
York; President George W. Bush; and Robert Michael Gates, United States
Secretary of Defense.