Fixing the War Powers

Abstract

The framers created a model for the war powers when they drafted the United States Constitution. The model has not been followed. The practice of presidents has largely replaced the text. Presidents have come to wield the bulk of the national war powers. The War Powers Resolution (1973) was Congress's first attempt to reassert its right to participate in war making. The War Powers Resolution failed. This thesis argues that the War Powers Resolution should be repealed and replaced with either a law or informal power sharing arrangement. In either case the effort must be cooperative or the replacement will fail also. This thesis builds a model for the war powers, based upon the "intent of the framers." It then proposes this model as the proper basis for a remedy.

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Document Details

Document Type
Technical Report
Publication Date
Apr 01, 1992
Accession Number
ADA456565

Entities

People

  • Michael P. Kelly

Organizations

  • The Judge Advocate General's Legal Center and School

Tags

Communities of Interest

  • Energy and Power Technologies

DTIC Thesaurus Topics

  • Agreements
  • Civil War
  • Congress
  • Construction
  • Foreign Relations
  • Governments
  • International Law
  • Law
  • Military Operations
  • National Governments
  • National Politics
  • National Security
  • Political Science
  • Political Systems
  • Sociopolitics
  • Treaties
  • United States

Readers

  • Government and Public Administration Law.
  • Strategic Security Studies