War Powers Resolution: Presidential Compliance
Abstract
Two separate but closely related issues confront Congress each time the President introduces armed forces into a situation abroad that conceivably could lead to their involvement in hostilities. One issue concerns the division of war powers between the President and Congress, whether the use of armed forces falls wfthin the purview of the congressional power to declare war and the War Powers Resolution. The other issue is whether Congress concurs in the wisdom of the action. This issue brief does not deal with the substantive merits of using armed forces in specific cases, but rather with the congressional authorization for the action and the application and effectiveness of the War Powers Resolution. The purpose of the War Powers Resolution (P.L. 93-148, passed over President Nixon's veto on November 7, 1973) is to ensure that Congress and the President share in making decisions that may get the U.S. involved in hostilities. Compliance becomes an issue whenever the President introduces U.S. forces abroad in situations that might be constmed as hostilities or imminent hostilities. Criteria for compliance include prior consultation with Congress, fulfillment of the reporting requirements, and congressional authorization. ff the President has not complied fully, the issue becomes what action Congress should take to bring about compllance or to influence U.S. policy. A new issue has be- come congressional authorization of U.N. peacekeeping or other U.N. sponsored actions. For over 30 years, war powers and the War Powers Resolution have been an issue in U.S. military actions in Asia, the Middle East, Africa, Central America, and Europe.
Document Details
- Document Type
- Technical Report
- Publication Date
- Mar 16, 2004
- Accession Number
- ADA435735
Entities
People
- Richard F. Grimmett
Organizations
- Defense Acquisition University