resolution

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Resolution

The official expression of the opinion or will of a legislative body.

The practice of submitting and voting on resolutions is a typical part of business in Congress, state legislatures, and other public assemblies. These bodies use resolutions for two purposes. First, resolutions express their consensus on matters of public policy: lawmakers routinely deliver criticism or support on a broad range of social issues, legal rights, court opinions, and even decisions by the Executive Branch. Second, they pass resolutions for internal, administrative purposes. Resolutions are not laws; they differ fundamentally in their purpose. However, under certain circumstances resolutions can have the effect of law.

In all legislative bodies, the process leading to a resolution begins with a lawmaker making a formal proposal called a motion. The rules of the legislative body determine how much support must be given to the motion before it can be put to a general vote. The rules also specify what number of votes the resolution must attract to be passed. If successful it becomes the official position of the legislative body.

As a spontaneous expression of opinion, a resolution is intended to be timely and to have a temporary effect. Typically resolutions are used when passage of a law is unnecessary or unfeasible. In many cases relevant laws already exist. The resolution merely asserts an opinion that lawmakers want to emphasize. Thus, for example, state and federal laws already criminalize illicit drugs, but lawmakers have frequently passed resolutions decrying illegal drug use. Political frustration sometimes leads lawmakers to declare their opposition to laws that they cannot change. Additionally, resolutions are common in times of emergency. War commonly brings resolutions in support of the nation's armed forces and the president (who, at other times, can be the subject of critical resolutions).

When resolutions are mere expressions of opinion, they differ fundamentally from laws. In essence, laws are intended to permanently direct and control matters applying to persons or issues in general; moreover, they are enforceable. By contrast, resolutions expressing the views of lawmakers are limited to a specific issue or event. They are neither intended to be permanent nor to be enforceable. Nor do they carry the weight of court opinions. In a certain respect, they resemble the opinions expressed by a newspaper on its editorial page, but they are nonetheless indicative of the ideas and values of elected representatives and, as such, commonly mirror the outlook of voters.

In addition to delivering statements for public consumption, resolutions also play an important role in the administration of legislatures. Lawmakers pass resolutions to control internal rules on matters such as voting and conduct. Typically legislatures also use them to conduct housekeeping: resolutions can thank a member for service to the legislature or criticize him or her for disservice. The latter form of resolution is known as censure, a rarely used formal process by which the legislature as a whole votes on whether to denounce a member for misdeeds.

Either house of a legislature can issue its own resolutions. When both houses adopt the same motion, it is called a joint resolution. Besides carrying the greater force of unanimity, the joint resolution also has a specific legal value in state and federal government. When such a resolution has been approved by the president or a chief executive—or passed with the president's approval—it has the effect of law. In some states a joint resolution is treated as a bill. It can become a law if it is properly passed and signed by the chief executive officer. In Congress a related form of action is the concurrent resolution: it is passed in the form of a resolution of one house with the other house in agreement. Unlike a joint resolution, a concurrent resolution does not require the approval of the president.

Cross-references

Congress of the United States; Legislation.

resolution

n. a determination of policy of a corporation by the vote of its board of directors. Legislative bodies also pass resolutions, but they are often statements of policy, belief or appreciation, and not always enactment of statutes or ordinances.

resolution

(Decision), noun application, constancy, decretum, determination, earnestness, firmness, intention, obduracy, obstinacy, perseverance, purpose, resoluteness, resolve, scitum, sententia, spunk, staying power, steadfastness, steadiness, tenacity, will, will power, zealotry

resolution

(Formal statement), noun declaration, deliverance, formal expression, plan, presentation, proposal, proposition, statement, written announcement
See also: act, adhesion, adjudication, animus, answer, arbitration, award, bill, choice, conclusion, consequence, decision, declaration, decree, denouement, desire, determination, diligence, disposition, enactment, finding, forethought, goal, holding, intent, intention, judgment, key, loyalty, opinion, outcome, perseverance, project, proposition, purpose, result, ruling, solution, spirit, suggestion, tenacity, volition, will

resolution

1 an important motion of an assembly or corporation or other body.
2 the name adopted by the (English) Solicitors' Family Law Association.

RESOLUTION. A solemn judgment or decision of a court. This word is frequently used in this sense, in Coke and some of the more ancient reporters. It also signifies an agreement to a law or other thing adopted by a legislature or popular assembly. Vide Dict. de Jurisp. h.t.

RESOLUTION, Civil law. The act by which a contract which existed and was good, is rendered null.
     2. Resolution differs essentially from rescission. The former presupposes the contract to have been valid, and it is owing to a cause posterior to the agreement that the resolution takes place; while rescission, on the contrary, supposes that some vice or defect annulled the contract from the beginning. Resolution may be by consent of the parties or by the decision of a competent tribunal; rescission must always be by the judgment of a court. 7 Troplong, de la Vente, n. 689; 7 Toull. 551; Dall. Dict. h.t.

References in classic literature ?
If there be no penalty annexed to disobedience, the resolutions or commands which pretend to be laws will, in fact, amount to nothing more than advice or recommendation.
Hence it follows that those things he does one day he undoes the next, and no one ever understands what he wishes or intends to do, and no one can rely on his resolutions.
We staid all day and looked, we abused the man who invented quarantine, we held half a dozen mass-meetings and crammed them full of interrupted speeches, motions that fell still-born, amendments that came to nought and resolutions that died from sheer exhaustion in trying to get before the house.
I am resisting your influence over me at this moment, with the strongest of all resolutions--the resolution of despair.
She was permitted to remain, and presented with resolutions of apology.
About one o'clock in the morning a battalion of the guards entered the town, marched up to the Parliament Close, and took post in all the avenues of the city, which prevented the resolutions taken to insult the houses of the rest of the treaters.
We ought to make some New Year resolutions," suggested the Story Girl.
my resolutions were overthrown in a moment, by the simple fact of my brother's running up to me and putting into my hand a small parcel, just arrived from London, which I had been for some time expecting.
Jones, to whom all the resolutions which had been taken in favour of Blifil were yet a secret, was at first almost struck dead with this relation; but recovering his spirits a little, mere despair, as he afterwards said, inspired him to mention a matter to Mr Western, which seemed to require more impudence than a human forehead was ever gifted with.
I expected every wave would have swallowed us up, and that every time the ship fell down, as I thought it did, in the trough or hollow of the sea, we should never rise more; in this agony of mind, I made many vows and resolutions that if it would please God to spare my life in this one voyage, if ever I got once my foot upon dry land again, I would go directly home to my father, and never set it into a ship again while I lived; that I would take his advice, and never run myself into such miseries as these any more.
We framed in our minds the usual resolution of thanks and admiration and gratitude, and took the first opportunity to vote it, and put it in writing and present it to the captain, with the customary speech.
I knew it wasbut had not resolution enough to part with them.