The War Powers Act of 1973 Essay

1537 Words 7 Pages
The War Powers Act of 1973 The War Powers Act limits the power of the President of the United States to wage war without the approval of the Congress. The War Powers Act is also known as The War Powers Resolution. The purpose of the War Powers Resolution is to ensure that Congress and the President share in making decisions that may get the United States involved in hostilities. It prohibits the President from waging war beyond 60 days without the Congressional approval (MILNET: The War Powers Act of 1973). Authorization can be made in many forms such as a temporary waiver of the Act or via a Declaration of War (MILNET: The War Powers Act of 1973). Under the Constitution, war powers are divided. Congress has the power to declare …show more content…
It requires the President in every possible instance to consult with Congress before introducing American armed forces into hostilities or imminent hostilities unless there has been a declaration of war or other specific congressional authorization (The War Powers Act of 1973). Claremont Education It also requires the President to report to Congress any introduction of forces into hostilities or imminent hostilities, Section 4(a)(1); into foreign territory while equipped for combat, Section 4(a)(2); or in numbers which substantially enlarge U.S. forces equipped for combat already in a foreign nation, Section 4(a)(3) (War Powers Resolution: Presidential Compliance).
Once a report is submitted ¡°or required to be submitted¡± under Section 4(a) (1), Congress must authorize the use of forces within 60 to 90 days or the forces must be withdrawn. It is important to note that since the War Powers Resolution enactment, over President Nixon¡¯s veto in 1973, every President has taken the position that it is an unconstitutional infringement by the Congress on the President¡¯s authority as Commander in Chief (War Powers Resolution: Presidential Compliance).
Presidents have submitted 118 reports to Congress as a result of the War Powers Resolution, although only one (the Mayaguez situation) cited Section 4(a) (1)
Open Document