The War Powers Resolution (Public Law 93-148) limits the power of the President of the United States to wage war without the approval of the Congress. The Resolution is sometimes referred to as the War Powers Act, but that is an older law intended to define limits on trade with enemies during wartime.

The Senate and the House of Representatives achieved the 2/3 majority required to pass this joint resolution over President Nixon's veto on November 7, 1973.

Portions of the War Powers Resolution require the President to consult with Congress prior to the start of any hostilities as well as regularly until U.S. armed forces are no longer engaged in hostilities (Sec. 3); and to remove U.S. armed forces from hostilities if Congress has not declared war or passed a resolution authorizing the use of force within 60 days (Sec. 5(b)).

Every president to date has declared the War Powers Resolution to be unconstitutional, and the Supreme Court has struck down the 'legislative veto' embodied in Section 5(c) of the Resolution in the case INS v. Chadha (1983). However, in every instance since the act was passed, the President has requested and received authorization for the use of force (though not a formal declaration of war) consistent with the provisions of the resolution. 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 Presidental position that the Resolution is unconsitutional.

The intended purpose of the act was to serve as a check on the power of the President to commit the United States to military action by exercising the constitutional authority of Congress to declare war under Article One. Many constitutional scholars have questioned the usefulness of the resolution, pointing out that Congress has tended to defer to the Executive when conducting war.

See also

War Powers Clause (of the Constitution)

External link

• http://www.yale.edu/lawweb/avalon/warpower.htm

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