Non-Binding Resolution

A non-binding resolution is a motion adopted by a deliberative body that does not enact a law or a substantive rule, and is simply used to make known what the opinions of that body are in relation to a certain fact or event.

This type of resolution is often used to express the body's approval or disapproval of something that they cannot otherwise vote on, due to the matter being handled by another jurisdiction, or being protected by a constitution. An example would be a resolution of support for a nation's troops in battle, which carries no legal weight, but is adopted for moral support.

Use

Non-binding resolutions are usually specific simple or concurrent resolutions that are not passed on to the executive branch to be signed into the law. These resolutions differ from pure concurrent resolutions (that are used for various procedural requests such as adjourning sessions) in that they are designed to express formally, document opinions and not initiate a process.

These resolutions offer a means for elected officials to publicly air the concerns of their constituents and are closely followed by major media outlets. Additionally, these resolutions can be used to state the position of the legislature, showing a preview of how they will vote on future legislation and budget allocations.

Notable historic uses

Canada

  • Private Members Motion 296 in support of Jordan's Principle was passed unanimously in the House of Commons of Canada on December 12, 2007.

United Nations

United States

In the United States Congress, non-binding resolutions are frequently titled as a "Sense of Congress" resolution, if both houses pass the measure (a concurrent resolution), or as a "Sense of the Senate" or "Sense of the House" resolution, if the measure is passed by only one house (a simple resolution).

  • The House of Representatives chose its Speaker using a non-binding resolution in 1936 (H.Res. 543, 74th Congress) and again in 1940 (H.Res. 602, 76th Congress).
  • On June 22, 1971, the Senate passed a non-binding resolution in support of withdrawing troops from Vietnam.
  • In July 1998, the Senate passed a non-binding resolution affirming their commitment to a democratic Taiwan.
  • In February 2007, the House of Representatives passed a non-binding resolution, House Concurrent resolution 63, to formally express its disapproval of President Bush's troop buildup in Iraq.
  • House of Representatives passed a non-binding resolution (HRES 224), recognizing March 14, 2009, as National Pi Day.

A "sense of Congress" clause may also be used within legislation to direct the actions which Congress wishes the executive to undertake, for example:

"It is the sense of Congress that the Secretary of Defense should take appropriate steps to provide for upgrading information technology systems for the reserve contingents ..."

The legislatures of the 50 U.S. states also frequently adopt non-binding resolutions. For example:

  • In February 2007, the Vermont State House of Representatives and Senate passed non-binding resolutions calling for the orderly withdrawal of American military forces from Iraq to commence immediately.

See also

References

Tags:

Non-Binding Resolution Notable historic usesNon-Binding ResolutionDeliberative bodyLawMotion (parliamentary procedure)

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