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This report discusses and assesses the War Powers Resolution and its application since enactment in 1973, providing detailed background on various cases in which it was used, as well as cases in which issues of its applicability were raised. It will be revised biannually. In the post-Cold War world, Presidents have continued to commit U.S. Armed Forces into potential hostilities, sometimes without a specific authorization from Congress. Thus the War Powers Resolution and its purposes continue to be a potential subject of controversy. On June 7, 1995, the House defeated, by a vote of 217-201, an amendment to repeal the central features of the War Powers Resolution that have been deemed unconstitutional by every President since the law's enactment in 1973. In 1999, after the President committed U.S. military forces to action in Yugoslavia without congressional authorization, Representative Tom Campbell used expedited procedures under the Resolution to force a debate and votes on U.S. military action in Yugoslavia, and later sought, unsuccessfully, through a federal court suit to enforce presidential compliance with the terms of the War Powers Resolution. The War Powers Resolution P.L. 93-148 was passed over the veto of President Nixon on November 7, 1973, to provide procedures for Congress and the President to participate in decisions to send U.S. Armed Forces into hostilities. Section 4(a)(1) requires the President to report to Congress any introduction of U.S. forces into hostilities or imminent hostilities. When such a report is submitted, or is required to be submitted, Section 5(b) requires that the use of forces must be terminated within 60 to 90 days unless Congress authorizes such use or extends the time period. Section 3 requires that the "President in every possible instance shall consult with Congress before introducing" U.S. Armed Forces into hostilities or imminent hostilities. From 1975 through March 2017, Presidents have submitted 168 reports as the result of the War Powers Resolution, but only one, the 1975 Mayaguez seizure, cited Section 4(a)(1), which triggers the 60-day withdrawal requirement, and in this case the military action was completed and U.S. armed forces had disengaged from the area of conflict when the report was made. The reports submitted by the President since enactment of the War Powers Resolution cover a range of military activities, from embassy evacuations to full-scale combat military operations, such as the Persian Gulf conflict, and the 2003 war with Iraq, the intervention in Kosovo, and the anti-terrorism actions in Afghanistan. In some instances, U.S. Armed Forces have been used in hostile situations without formal reports to Congress under the War Powers Resolution. On one occasion, Congress exercised its authority to determine that the requirements of Section 4(a)(1) became operative on August 29, 1983, through passage of the Multinational Force in Lebanon Resolution (P.L. 98-119). In 1991 and 2002, Congress authorized, by law, the use of military force against Iraq. In several instances none of the President, Congress, or the courts has been willing to initiate the procedures of or enforce the directives in the War Powers Resolution.

War Powers

United States. Congress. House. Committee on International Relations. Subcommittee on International Security and Scientific Affairs

Published: 1975

Total Pages: 144


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"Solid ground for optimism as well as cause for foreboding." So James L. Sundquist views the outcome of the struggle by the Congress in the 1970s to recapture powers and responsibilities that in preceding decades it had surrendered to a burgeoning presidency. The resurgence of the Congress began in 1973, in its historic constitutional clash with President Nixon. For half a century before that time, the Congress had acquiesced in its own decline vis-à-vis the presidency, or had even initiated it, by building the presidential office as the center of leadership and coordination in the U.S. government and organizing itself not to initiate and lead but to react and follow. But the angry confrontation with President Nixon in the winter of 1972-73 galvanized the Congress to seek to regain what it considered its proper place in the constitutional scheme. Within a short period, it had created a new congressional budget process, prohibited impoundment of appropriated funds, enacted the War Powers Resolution, intensified oversight of the executive, extended the legislative veto over a wide range of executive actions, and vastly expanded its staff resources. The Decline and Resurgence of Congress, after reviewing relations between president and Congress over two centuries, traces the long series of congressional decisions that created the modern presidency and relates these to certain weaknesses that the Congress recognized in itself. It then recounts the events that marked the years of resurgence and evaluates the results. Finally, it analyzes the strengths and weaknesses of the new Congress and appraises its potential for leadership and coordination.
Consisting of selected memorandum opinions advising the President of the United States, the Attorney General, and other executive officers of the Federal Government in relation to their official duties.
This classic collection of studies, first published in 1980, contributes to the revival of interest in the powers and duties of the American presidency. Unlike many previous books on the constitution and the president, the contributors to this volume are political scientists, not law professors. Accordingly, they display political scientists' concern with structures as well as power, with conflict between the branches of government as well as their functional separation, and with political prescription as well as legal analysis. Underlying the entire volume is a persistent attention to the nature of executive power and its particular manifestation in the American system. Part One introduces the foundations that underlie contemporary issues, including the famous James Madison-Alexander Hamilton debate over the powers of the presidency. Contemporary political and scholarly controversies, which are the subjects of Part Two, include the constitutionality of the War Powers Resolution of 1973, the legislative veto, executive privilege and secrecy, the character of the presidency, presidential selection, and the nature of executive power. The essays in The Presidency in the Constitutional Order represent some of the most cogent thought available about the highest elected office in America, and the themes of the volume continue to be timely and provocative.