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Encyclopedia > War Powers Resolution
Congressional opposition to
U.S. wars and interventions
1812 North America
House Federalists’ Address
1917 World War I
Filibuster of the Armed Ship Bill
1935-1939 (General)
Neutrality Acts
1935-40 (General)
Ludlow Amendment
1970 Vietnam
McGovern-Hatfield Amendment
1970 Southeast Asia
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1971 Vietnam
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1973 Southeast Asia
Case-Church Amendment
1973 (General)
War Powers Resolution
1974 Covert Ops (General)
Hughes-Ryan Amendment
1976 Angola
Clark Amendment
1982 Nicaragua
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2007 Iraq
House Concurrent Resolution 63
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The War Powers Act of 1973 (Pub.L. 93-148), also referred to as the War Powers Resolution, is a resolution of the Congress of The United States of America that stated that the President of The United States of America can send troops into action abroad only by authorization of Congress or if the United States of America is already under attack or serious threat. The War Powers Act requires that the president notify Congress within 48 hours of committing troops to military action and forbids troops from remaining for more than 60 days without an authorization of force or a declaration of war. Image File history File links This is a lossless scalable vector image. ... Opposition to the War of 1812 was widespread in the United States, especially in New England. ... Robert Marion La Follette, Sr. ... The Neutrality Acts were a series of laws that were passed by the United States Congress in the 1930s, in response to the growing turmoil going on in Europe and Asia that eventually led to World War II. They were spurred by the growth in isolationism in the US following... Louis Ludlow was a Washington correspondent for a large number of newspapers, and then served as a Democrat in the U.S. House of Representatives for the Indianapolis, Indiana district for twenty years. ... The McGovern-Hatfield amendment (alternately, Hatfield-McGovern amendment) was a proposed amendment in 1970 during the Vietnam War that, if passed, would have required the end of United States military operations in the Republic of Vietnam by December 31, 1970 and a complete withdrawal of American forces halfway through the... The Cooper-Church amendment was introduced in the United States Senate during the Vietnam War and is known as the first amendment to limit presidential powers during war time. ... The Gulf of Tonkin Resolution was a joint resolution of the U.S. Congress passed in August 1964 in direct response to a minor naval engagement known as the Gulf of Tonkin Incident. ... The Case-Church Amendment was a piece of legislation that sought to rein in President Richard Nixons conduct of the Vietnam War. ... The Hughes-Ryan Act was an amendment to the Foreign Assistance Act of 1961, that forces the President of the United States to report all covert Central Intelligence Agency (CIA) operations to a Congressional committee within a set time limit. ... The Clark amendment was an amendment to the U.S. Arms Export Control Act of 1976, named for its sponsor, Senator Dick Clark (D-Idaho). ... The Boland Amendment was the name given to three U.S. legislative amendments between 1982 and 1984, all aimed at limiting US government assistance to the rebel Contras in Nicaragua. ... “The New Way Forward” redirects here. ... This article or section does not adequately cite its references or sources. ... President Franklin D. Roosevelt signs a declaration of war against the Empire of Japan on December 8, 1941, one day after the attack on Pearl Harbor. ...

Contents

History

Under the United States Constitution, war powers are divided and not equal. Congress has the power to declare war and raise and support the armed forces, and control the funding of the war (Article I, Section 8), while the President is Commander in Chief (Article II, Section 2). It is generally agreed that the Commander in Chief role gives the President power to repel attacks against the United States and makes him responsible for leading the armed forces. During the Korean and Vietnam wars, the United States found itself involved for many years in situations of intense conflict without a declaration of war. Many Members of Congress became concerned with the erosion of congressional authority to decide when the United States should become involved in a war or the use of armed forces that might lead to war. The Senate and the House Representatives achieved the two-thirds vote required to pass this joint resolution over President Nixon's veto on November 7, 1973. Presidents have submitted 118 reports to Congress as a result of the War Powers Resolution, although only one (the Mayaguez situation) cited Section 4(a)(1) or specifically stated that forces had been introduced into hostilities or imminent danger. Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ... For the television series, see Commander in Chief (TV series). ... Type Upper House President of the Senate Richard B. Cheney, R since January 20, 2001 President pro tempore Robert C. Byrd, D since January 4, 2007 Members 100 Political groups Democratic Party Republican Party Last elections November 7, 2006 Meeting place Senate Chamber United States Capitol Washington, DC United States... Type Bicameral Speaker of the House of Representatives House Majority Leader Nancy Pelosi, (D) since January 4, 2007 Steny Hoyer, (D) since January 4, 2007 House Minority Leader John Boehner, (R) since January 4, 2007 Members 435 plus 4 Delegates and 1 Resident Commissioner Political groups Democratic Party Republican Party... Nixon redirects here. ... is the 311th day of the year (312th in leap years) in the Gregorian calendar. ... For the song by James Blunt, see 1973 (song). ... Combatants United States of America Democratic Kampuchea Commanders Lt. ...


Congress invoked the War Powers Resolution in the Multinational Force in Lebanon Resolution (P.L. 98-119), which authorized the Marines to remain in Lebanon for 18 months. In addition, P.L. 102-1, authorizing the use of U.S. armed forces concerning the Iraqi aggression against Kuwait, stated that it constituted specific statutory authorization within the meaning of the War Powers Resolution. The Multinational Force in Lebanon (also MNF) was an international peacekeeping force created in 1982 and sent to Lebanon to oversee the withdrawal of the Palestinian Liberation Organization. ... The United States Marine Corps (USMC) is a branch of the United States armed forces responsible for providing force projection from the sea,[1] using the mobility of the U.S. Navy to rapidly deliver combined-arms task forces and is one of seven uniformed services. ...


On November 9, 1993, the House used a section of the War Powers Resolution to state that U.S. forces should be withdrawn from Somalia by March 31, 1994; Congress had already taken this action in appropriations legislation. More recently, war powers have been at issue in former Yugoslavia/Bosnia/Kosovo, Iraq, Haiti, and in responding to terrorist attacks against the U.S. after September 11, 2001. After combat operations against Iraqi forces ended on February 28, 1991, the use of force to obtain Iraqi compliance with U.N. resolutions remained a War Powers issue, until the enactment of the Authorization for Use of Military Force Against Iraq (P.L. 107-243), in October 2002.[1] is the 313th day of the year (314th in leap years) in the Gregorian calendar. ... Year 1993 (MCMXCIII) was a common year starting on Friday (link will display full 1993 Gregorian calendar). ... is the 59th day of the year in the Gregorian calendar. ... Year 1991 (MCMXCI) was a common year starting on Tuesday (link will display full calendar) of the Gregorian Calendar. ... The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public law 107-243, 116 Stat. ...


Questions regarding constitutionality

The War Powers Resolution has been controversial since it became law,[who?] and every President since its passage has asserted that it is unconstitutional. At the same time, every President up to and including George W. Bush has complied with its terms. See Separation of powers under the United States Constitution for more on this topic. theSeparation of powers is a political doctrine under which the legislative, executive and judicial branches of government are kept distinct, to prevent abuse of power. ...


Because it limits the Commander in Chief's authority in the use of force without an official resolution or declaration of war by Congress, there are questions as to whether the provisions of the resolution are consistent with the Constitution. The reports to Congress required of the President have been drafted to state that they are "consistent with" the War Powers Resolution rather than "pursuant to" so as to take into account the Presidential position that the Resolution is unconstitutional. President Franklin D. Roosevelt signs a declaration of war against the Empire of Japan on December 8, 1941, one day after the attack on Pearl Harbor. ...


One argument for the unconstitutionality of the War Powers Resolution — Philip Bobbitt's in "War Powers: An Essay on John Hart Ely's War and Responsibility: Constitutional Lessons of Vietnam and Its Aftermath," Michigan Law Quarterly 92, no. 6 (May 1994): 1364–1400 — runs as follows: "The power to make war is not an enumerated power" and the notion that to "declare" war is to "commence" war is a "contemporary textual preconception"; the Framers of the Constitution believed that statutory authorization was the route by which the United States would be committed to war, and that 'declaration' was meant for only total wars, as shown by the history of the Quasi-War with France (1798–1800); in general, constitutional powers are not so much separated as "linked and sequenced"; Congress's control over the armed forces is "structured" by appropriation, while the president commands; thus the act of declaring war should not be fetishized. (Bobbitt, the nephew of Lyndon Johnson, also argues that "A democracy cannot… tolerate secret policies" because they undermine the legitimacy of governmental action.) Philip Chase Bobbitt (born July 22, 1948, Temple, Texas), is an American author, academic, and public servant who has also lectured in Britain. ... John Hart Ely John Hart Ely (December 3, 1938 - October 25, 2003) is one of the most widely-cited legal scholars in United States history, ranking just after Richard Posner, Ronald Dworkin, and Oliver Wendell Holmes, Jr. ... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... Total war is a military conflict in which nations mobilize all available resources in order to destroy another nations ability to engage in war. ... The Quasi-War was an undeclared war fought entirely at sea between the United States and France from 1798 to 1801. ... Lyndon Baines Johnson ( August 27, 1908 – January 22, 1973), often referred to as LBJ, was an American politician. ... The word legitimacy comes from the Latin word legitimare and it has two uses: Legitimacy (political science) is variously defined, but refers in general to the peoples acceptance of a law, ruling, or a regime itself as valid. ...


A second constitutionality argument concerns a possible breach of the 'separation of powers' doctrine, and whether this Act changes the balance between the Legislative and Executive functions. The President is bound by an Oath of Office: "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and to the best of my ability; preserve, protect, and defend the Constitution of the United States." (US Constitution, Article 2, Section 1, Clause 8). This type of constitutional controversy is similar to one that occurred under President Andrew Johnson with the Tenure of Office Act (1867). In that prior instance, the Legislative branch attempted to control the removal of Executive branch officers. Here, the separation of powers issue is whether the War Powers Resolution requirements for Congressional approval and Executive reporting to Congress change the constitutional balance established in Articles I and II, namely that Congress is explicitly granted the sole authority to declare war while the Executive has inherent authority as Commander in Chief. This argument does not address the other reporting requirements imposed in executive officials and agencies by other statutes, nor does it address the provisions of Article I Section 8 that give Congress the authority to "make Rules for the Government and Regulation of the land and naval Forces". The argument raises the issue of the executive's inherent authority as Commander in Chief, without addressing whether (or when) any other military commanders may ignore such rules, or whether (and when) only the Commander in Chief would not be bound by such rules. The US Supreme Court has not ruled on these issues. For other persons of the same name, see Andrew Johnson (disambiguation). ... The Tenure of Office Act, passed in 1867 over the veto of President Andrew Johnson, denied the President of the United States the power to remove from office anyone who had been appointed or approved by Congress, unless the removal was also approved by Congress. ... Year 1867 (MDCCCLXVII) was a common year starting on Tuesday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Sunday of the 12-day slower Julian calendar). ...


There is also an unresolved legal question, discussed by Justice White in INS v. Chadha of whether a "key provision of the War Powers Resolution", namely 50 U.S.C. 1544(c), constitute an improper legislative veto. (See Chahda, 462 U.S. 919, 971). The provisions in that section 5(c) state "such forces shall be removed by the President if the Congress so directs by concurrent resolution". Justice White argues in his dissent in Chadha that this is a violation of the Presentment clause. The majority in Chadha does not resolve the issue. Justice White does not address or evaluate in his dissent whether that section would fall within the inherent Congressional authority under Article I Section 8 to "make Rules for the Government and Regulation of the land and naval Forces." Justice White can refer to: Edward Douglass White, Chief Justice of the United States Supreme Court Byron Raymond White, Associate Justice of the United States Supreme Court This is a disambiguation page — a list of pages that otherwise might share the same title. ... INS v. ...


See also

Sometimes referred to as the War Powers Clause, the United States Constitution, Article One, Section 8, Clause 1, vests in the Congress the exclusive power to declare war. ...

References

  • United States Congress (October 16, 2002). "Public Law 107-243: Authorization for the Use of Military Force Against Iraq Resolution of 2002 (H. J. Res. 114)" (text). United States Government Printing Office. Retrieved on 2007-09-30.
  • Kinkopf, Neil. "The Congress as Surge Protector" (PDF) p. 2. American Constitution Society for Law and Policy. Retrieved on 2007-09-30. “The Supreme Court has been clear and unambiguous. When Congress, acting in the vast areas of overlapping power, tells the President 'no', the President must comply.”

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External links


  Results from FactBites:
 
The War Powers Resolution Fraud by Thomas E. Woods, Jr. (1119 words)
In the wake of the Vietnam War Congress passed the War Powers Resolution of 1973.
Suffice it to say that the framers resolutely opposed placing offensive war powers in the hands of the president, and deliberately assigned such authority to the legislative branch.
The War Powers Resolution, in short, is just one in a long line of political gimmicks designed to give the impression that things have changed, when in fact business has never been more usual.
  More results at FactBites »

 
 

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