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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

resolution

1 an important motion of an assembly or corporation or other body.
2 the name adopted by the (English) Solicitors' Family Law Association.
Collins Dictionary of Law © W.J. Stewart, 2006

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
In the prophecy of the suffering servant, his resoluteness is dramatically described: 'He set his face like flint towards Jerusalem.'
I saw same straining muscles, the same resoluteness, but I also saw them acknowledging us, smiling as they heard someone shouting their name, waving as they heard the cheering of bystanders urging them on.
In her condolence message while showing sympathies with the other members of bereaved family, Shireen Mazari has said that Begam Kulsoom Nawaz was a courageous lady who confronted political adversity and illness with a resoluteness and quiet dignity.
"Thanks to the in-depth vision of our wise leadership and the solid determination of our youth, the UAE has become a land of achievements across all domains, a fact that adds to the resoluteness of our knights to earn the country's sports track record more trophies and accolades," said Shaikh Hamdan.
Yet ever since its birth in the early 1930s, the Communist Party of China has consistently displayed remarkable resilience, patience, persistence and resoluteness. It has simultaneously fought two enemies from almost the time of the Party's naissance - the KMT government under General Chiang Kai Shek enjoying support of the USA as well as the USSR and the Japanese invaders.
The steadfast Pakistani nation is forever united in its resoluteness to promote peace within the country and across the globe.
That spirit suffuses this volume, from "Because," a gentle poem addressed to sons and daughters, to reflections on the strengths of ancestors in "I Am a Mirror." But there's also resoluteness behind these poems, a willingness to hint at big themes--age, death, loss, independence, heaven, the auction block and the middle passage, and an encouragement to take a stand.
Even with our new defensive resoluteness, when faced with the fire power the elite can call up you need the luck of a pocketful of four-leaf clovers, particularly if you annoy them by scoring first.
"We will continue to work with consistency and resoluteness to promote our common goals."
But they had to succumb to the couple's resoluteness and determination.
Counter-terrorism operations were a message to the international community about Turkey's resoluteness in fighting terrorism that threatens international and regional peace, Celik said.