17750324 Resolution - In Provincial Congress - John Hancock - The Virginia Gazette

In law, a resolution is a written

motion In physics, motion is the phenomenon in which an object changes its position with respect to time. Motion is mathematically described in terms of displacement, distance, velocity, acceleration, speed and frame of reference to an observer and mea ...

adopted by a

deliberative body A deliberative assembly is a meeting of members who use parliamentary procedure. Etymology In a speech to the electorate at Bristol in 1774, Edmund Burke described the British Parliament as a "deliberative assembly," and the expression became the ...

. The substance of the resolution can be anything that can normally be proposed as a motion. For long or important motions, though, it is often better to have them written out so that discussion is easier or so that it can be distributed outside the body after its adoption. An alternate term for a resolution is a ''resolve''. Resolutions are commonly used in corporations and houses of legislature.

In corporations

In corporations, a written resolution is especially useful in the case of the

board of directors A board of directors (commonly referred simply as the board) is an executive committee that jointly supervises the activities of an organization, which can be either a for-profit or a nonprofit organization such as a business, nonprofit organiz ...

of a

corporation A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and r ...

, which usually needs to give its consent to

real estate Real estate is property consisting of land and the buildings on it, along with its natural resources such as crops, minerals or water; immovable property of this nature; an interest vested in this (also) an item of real property, (more general ...

purchases or sales by the corporation. Such a resolution, when certified by the corporation's

secretary A secretary, administrative professional, administrative assistant, executive assistant, administrative officer, administrative support specialist, clerk, military assistant, management assistant, office secretary, or personal assistant is a ...

, gives assurance to the other side of the transaction that the sale was properly authorized. Other examples include resolutions approving the opening of bank accounts or authorizing the issuance of shares in the corporation.

Houses of legislature

When greater formality is desired, a

may be made in the form of a resolution, which is always submitted in writing. Houses of a

legislature A legislature is an assembly with the authority to make law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...

often adopt

non-binding resolution A non-binding resolution is a written motion adopted by a deliberative body that can or cannot progress into a law. The substance of the resolution can be anything that can normally be proposed as a motion. This type of resolution is often used t ...

s. However, a legislature also uses resolutions to exercise one of its binding powers that isn't a lawmaking power. For example, the

United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...

declares war or proposes constitutional amendments by adopting a joint resolution. A house of a legislature can also use a resolution to exercise its specific powers, as the British House of Commons does to elect its

Speaker Speaker may refer to: Society and politics * Speaker (politics), the presiding officer in a legislative assembly * Public speaker, one who gives a speech or lecture * A person producing speech: the producer of a given utterance, especially: ** I ...

or as the

United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...

does to

impeach Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...

an officer of the

government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...

Types

Non-binding

In a house of a

, the term

refers to measures that do not become

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

s. This is used to differentiate those measures from a

bill Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Plac ...

, which is also a resolution in the technical sense. The resolution is often used to express the body's approval or disapproval of something which they cannot otherwise vote on, due to the matter being handled by another

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...

, or being protected by a

constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...

. An example would be a resolution of support for a nation's

troops A troop is a military sub-subunit, originally a small formation of cavalry, subordinate to a squadron. In many armies a troop is the equivalent element to the infantry section or platoon. Exceptions are the US Cavalry and the King's Troo ...

battle A battle is an occurrence of combat in warfare between opposing military units of any number or size. A war usually consists of multiple battles. In general, a battle is a military engagement that is well defined in duration, area, and force ...

, which carries no

legal Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. ...

weight, but is adopted for

moral support Moral support is a way of giving support to a person or cause, or to one side in a conflict, without making any contribution beyond the emotional or psychological value of the encouragement by supporting them. For example, in a war between two c ...

Substantive and procedural

Substantive resolutions apply to essential legal principles and rules of right, analogous to

substantive law Substantive law is the set of laws that governs how members of a society are to behave.Substantive Law vs. Procedural Law: Definitions and Differences, Study.com/ref> It is contrasted with procedural law, which is the set of procedures for making, ...

, in contrast to procedural resolutions, which deal with the methods and means by which substantive items are made and administered.

Historical examples of resolutions

* Gulf of Tonkin Resolution *

Kentucky and Virginia Resolutions The Virginia and Kentucky Resolutions were political statements drafted in 1798 and 1799 in which the Kentucky and Virginia legislatures took the position that the federal Alien and Sedition Acts were unconstitutional. The resolutions argued ...

United Nations General Assembly resolution A United Nations General Assembly resolution is a decision or declaration voted on by all member states of the United Nations in the General Assembly. General Assembly resolutions usually require a simple majority (50 percent of all votes plus o ...

s *

United Nations Security Council resolution A United Nations Security Council resolution is a United Nations resolution adopted by the fifteen members of the Security Council (UNSC); the United Nations (UN) body charged with "primary responsibility for the maintenance of international pea ...

s *

War Powers Resolution The War Powers Resolution (also known as the War Powers Resolution of 1973 or the War Powers Act) () is a federal law intended to check the U.S. president's power to commit the United States to a ...

References

{{Authority control Motions (parliamentary procedure) Parliamentary procedure