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,[1] 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.[2] 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[3] 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.
Motion 312 was a
motion introduced to the
Parliament of Canada by
Stephen Woodworth, MP for
Kitchener Centre, in 2012. M-312 called for the formation of a committee "to review the declaration in Subsection 223(1) of the Criminal Code which states that a child becomes a human being only at the moment of complete birth".[4]
All
United Nations General Assembly resolutions that are not about matters internal to the
UN (such as the structure of the UN or the creation of UN agencies) are inherently and explicitly (in the
UN Charter) non-binding.
The
United Nations Security Council has the power to pass both binding and non-binding resolutions; whether a resolution is binding depends on what section of the Charter it is enacted under.
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).[5][6]
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).[7]
On June 22, 1971, the Senate passed a non-binding resolution in support of withdrawing troops from
Vietnam.[8]
In July 1998, the Senate passed a non-binding resolution[9] affirming their commitment to a democratic
Taiwan.
House of Representatives passed a non-binding resolution (
HRES 224),[13] recognizing March 14, 2009, as
National Pi Day.[14]
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 ..."[15]
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[16] and Senate[17] passed non-binding resolutions calling for the orderly withdrawal of American military forces from Iraq to commence immediately.