NATO Treaty does NOT override Congress’ constitutional responsibilities to declare war

“Peace, commerce, and honest friendship with all nations, entangling alliances with none”

-Thomas Jefferson

Last week, U.S. Senator Rand Paul (R-KY) and Representatives Chip Roy (R-TX-21) and Warren Davidson (R-OH-8) introduced legislation to make it clear that Article 5 of the North Atlantic Treaty Organization (NATO) cannot override Congress’ constitutional responsibilities to declare war.

The resolution is cosponsored by Senators Josh Hawley (R-MO), Mike Braun (R-IN), Mike Lee (R-UT), and Cynthia Lummis (R-WY).

“Perhaps the most important question a member of Congress will ever face is whether to commit our nation’s young men and women to war. We cannot delegate that responsibility to the president, the courts, an international body, or our allies,” said Dr. Paul. “Article 5 of the NATO treaty does not supersede the constitutional obligation that only Congress can declare war”, Despite the mantra that politicians have stated for decades–“an attack against one is an attack against all.”

Paul elaborates on this further in an article in Responsible Statecraft:

Article 5 states, “The Parties agree that an armed take against one or more of them . . . shall be considered an attack against them all and . . . each of them, in exercise of the right of individual or collective self-defense . . . will assist the Party or Parties so attacked by taking forthwith . . . such action as it deems necessary, including the use of armed force…” In other words, NATO allies are committed to assist each other in the event of an attack, but military action is not mandated, and the United States maintains its sovereign capacity to determine what kind of response is warranted.

Furthermore, Article 11 of the NATO Treaty states that the provisions of the Treaty are to be carried out in accordance with each country’s respective constitutional processes.

“Decisions of war and peace, of life and death, are among the most serious any government makes. The framers of our Constitution knew that, and they prudently vested the power to declare war in the legislative branch — the branch of government most accountable to the American people. As war rages on in Europe, I am proud to partner with my friend Dr. Rand Paul and Rep. Warren Davidson to reaffirm the importance of the fact that Article 5 of the North Atlantic Treaty doesn’t supersede the Constitution. No one has the power to declare war without Congress’ deliberation and our constituents’ consent; it’s high time this body conducted itself accordingly,” said Rep. Roy.

This resolution reaffirms that pursuant to Article 11 of the North Atlantic Treaty, military action taken in regard to Article 5 does not supersede Congress’ role in the Constitution. The resolution states:

“It is the sense of the House of Representatives that, pursuant to Article 11 of the North Atlantic Treaty, done at Washington, District of Columbia, on April 4, 1949, if the President determines it is necessary to engage United States forces in hostilities in order to restore or maintain the security of the North Atlantic area as stated in Article 5 of such treaty, such action does not supersede the constitutional requirement that Congress declare war or authorize the use of military force prior to the United States engaging in hostilities.”

Co-sponsors of the resolution in the House of Representatives include Representatives Dan Bishop (R-NC-8), Troy Nehls (R-TX-22), Harriet Hageman (R-1-WY), Paul Gosar (R-AZ-9), Andy Biggs (R-AZ-5), Andrew Clyde (R-GA-9), Matt Rosendale (R-MT-2) and Marjorie Taylor Greene (R-GA-14).

Article 1, Sec. 8 (11) states, “Congress shall have the power . . . to declare war.”