Fix the Law and Stop the War Powers Debate
Abstract
Senator Sam Nunn, in his homespun, but unequivocal, manner, said, "The War Powers Resolution is broke' and should be fixed." In the 21 years since the resolution was enacted over President Nixon's veto, neither the Executive nor the Legislative branches have been happy with the law, a law which was intended "to encourage serious dialogue on war/peace issues between the branches of government." Why hasn't a law conceived for such an apparently noble purpose succeeded? Several factors have led many to agree with Sen Nunn that the law should be changed, if not repealed outright Among the factors cited are "presidential defiance, congressional irresolution, and judicial abstention". The President views the resolution as an unwarranted infringement on his constitutionally mandated role as Commander-in-Chief Congress, when offered the opportunity, has not developed the necessary consensus to directly challenge the President when it believes he has not fully complied with the law. Finally, the courts have consistently avoided taking sides on what has been viewed by the courts as a "political question".
Document Details
- Document Type
- Technical Report
- Publication Date
- Jan 01, 1995
- Accession Number
- ADA440642
Entities
People
- William L. Shelton
Organizations
- National War College