LYCOS RETRIEVER
War Powers Resolution
built 629 days ago
The War Powers Resolution has turned out to be the perfect solution. If the President wants to send U.S. forces into harms way for an obviously good cause, legislators don't have to oppose the deployment on the merits. All they need to do is demand that the President "obey the law," and then impose such burdensome conditions before they will approve the operation under the War Powers Resolution that the President will likely be forced to "go it alone." Then, if the operation is a success, Members of Congress can come out of hiding and grab a large sign or flag to carry in the victory parade. But if the deployment proves unsuccessful-and especially if there are American casualties-the same legislators emerge unscathed to denounce the President as a lawbreaker and solemnly shoot the wounded.
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The key to understanding the War Powers Resolution-is30 recall that it was passed over Nixons veto on November 7,-1973,-just a few days after the so-called Saturday Night Massacre of October 20, when Nixon fired special prosecutor ArchibaldLCox. The resolution became law-at a time when Nixons political credibility had plummeted to near zero.
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Under the War Powers Resolution, Congress has 60 days to authorize military action after a Presidential notification of the commencement of hostilities. The Senate previously approved S. Con. Res. 21, and by voting on this resolution 34 days after the President's March 26th letter notifying Congress that airstrikes had commenced, the House falls within that prescribed period.
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The four requirements of the War Powers Resolution were intended to promote collective judgment when the nation was faced with issues of war or potential hostilities and to provide procedural mechanisms that would be activated in case of presidential noncompliance. [1] The resolution envisioned a sequence of events when military action was contemplated. First, a requirement for the President to consult with Congress would alert the latter that force had been used or was expected in a given context. Second, the specific reasons for the action and the justifications for it were to be provided to Congress through a report from the President. Whenever possible, the President was to make this report within 48 hours of taking any action or making a tactical decision... starting the "clock" for Congress. [2] Third, Congress would have 60 days to debate the President's action and decide on its legitimacy and legality.
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Portions of the War Powers Resolution require the President to consult with Congress prior to the start of any hostilities as well as regularly until U.S. armed forces are no longer engaged in hostilities (Sec. 3); and to remove U.S. armed forces from hostilities if Congress has not declared war or passed a resolution authorizing the use of force within 60 days (Sec. 5(b)). Following an official request by the President to Congress, the time limit can be extended by an additional 30 days (presumably when "unavoidable military necessity" requires additional action for a safe withdrawal).
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[A]nother clear observation that can be made about the War Powers Resolution is that several of its key provisions are flagrantly unconstitutional. The Constitution gives to Congress the power "to declare War," which was intended to be a veto or check against an adventurist President who might seek to take the nation from peace to war over some political or economic grievance or from a desire for personal fame and conquest. As an exception to the President's general grant of the new nation's "executive Power," the congressional check was to be construed narrowly. The Framers well understood the concept of "force short of war," and throughout our history presidents have deployed U.S. armed forces into harms way to protect American citizens and their property, to enforce treaty obligations and rights, and to deter misconduct by other countries. Even if one concludes that Congress still has a check on large-scale, prolonged commitments of U.S. armed forces into hostilities, it does not follow that the power to declare war permits Congress to usurp the Commander-in-Chief power concerning military deployments that do not even arguably constitute the initiation of "war."
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