Question

For the security of the nation, you feel like you need to send troops overseas in what may be an extended operation. You are limited, however, by the War Powers Resolution of 1973. What is the War Powers Resolution of 1973? How effective has the War Powers Resolution of 1973 been in limiting presidential authority?

Answer 1

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What is the War Powers Resolution of 1973?

The War Powers Act is a congressional bill aimed at restricting the power of the US president to launch or intensify military activities overseas. Among other limitations, the legislation requires presidents to inform Congress after deploying the armed forces and limit how long units without Congressional approval will stay engaged. Enacted in 1973 with the intention of preventing another prolonged confrontation like the Vietnam War, its efficacy has been challenged frequently throughout its history and many presidents have been accused of failing to comply with its laws.

How effective has the War Powers Resolution of 1973 been in limiting presidential authority?

The context of the legislation describes it as a way of ensuring that both Congress and the President's joint decision is exercised if the US military forces are mobilized abroad. In this effect, before sending forces in war, the President is expected to meet with the legislature in any possible instance. The resolution also establishes monitoring standards for the chief executive, including the duty of notifying Congress within 48 hours if armed forces are taken into hostilities or in cases when the conditions specifically suggest the imminent participation in hostilities.

Early critic of the War Powers Act, President Nixon vetoed the legislation on the basis that it was a "inconstitutional and risky" check on his responsibilities as military commander-in-chief. Congress overcame Nixon's filibuster, but he wasn't the only chief executive to bristle at the War Powers Act limitations. Each sitting president has either sidestepped any of the rules of the legislation since the 1970s, or branded it unconstitutional. A more recent controversy over the War Powers Act came up in 2011, when President Barack Obama initiated a military operation in Libya without Congressional authorization.

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