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War Powers Resolution: U.S
built 200 days ago
As important as consultations are... they are not a substitute for congressional authorization if military action is contemplated that clearly implicates Congress̢۪s war powers. While the post-September 11 authorization is broad, it does contain limits, most notably the requirement of a clear link to the attacks of September 11. Other threats to U.S. security unrelated to those attacks may exist or arise in the future, and various military options may be considered, including options that go beyond measures to prevent future acts of terrorism by those responsible for the September 11th attacks. Whether and when additional congressional authorization is constitutionally required will depend on the facts of the situation and on the nature and objectives of the military action contemplated.
In the instance of the deployment to Lebanon, Congress chose not once but twice to exercise its war powers—after U.S. Marines were already deployed and in the midst of hostilities. In exercising its war power in this fashion, the Congress (with the House controlled by Democrats, the Senate by Republicans) revisited an existing authorization and inserted a binding time limitation on the length of the deployment where before there was none.
Will war powers within the U.S. government be a subject of increased academic interest and debate? The answer is yes. If the 21st century turns out to be another "American Century," then the information revolution and the RMA may facilitate the return of an "imperial presidency," and the traditional, Constitutional vision of war powers may become obsolete.
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