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The War Powers Resolution: After Thirty-Four Years (CRS Report for Congress)

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Release Date Revised March 10, 2008
Report Number RL32267
Report Type Report
Authors Richard F. Grimmett, Foreign Affairs, Defense, and Trade Division
Source Agency Congressional Research Service
Older Revisions
  • Premium   Revised May 1, 2007 (89 pages, $24.95) add
  • Premium   March 11, 2004 (96 pages, $24.95) add
Summary:

This report discusses and assesses the War Powers Resolution, its application since enactment in 1973, providing detailed background on a variety of cases where it was utilized, or issues of its applicability were raised. It will be revised biannually. In the post-Cold War world, Presidents have continued to commit U.S. Armed Forces into potential hostilities, sometimes without a specific authorization from Congress. Thus the War Powers Resolution and its purposes continues to be a potential subject of controversy. On June 7, 1995 the House defeated, by a vote of 217-201, an amendment to repeal the central features of the War Powers Resolution that have been deemed unconstitutional by every President since the law's enactment in 1973. In 1999, after the President committed U.S. military forces to action in Yugoslavia without congressional authorization, Representative Tom Campbell used expedited procedures under the Resolution to force a debate and votes on U.S. military action in Yugoslavia, and later sought, unsuccessfully, through a federal court suit to enforce Presidential compliance with the terms of the War Powers Resolution. […] On one occasion, Congress exercised its authority to determine that the requirements of section 4(a)(1) became operative on August 29, 1983, through passage of the Multinational Force in Lebanon Resolution (P.L. 98-119). In 1991 and 2002, Congress authorized, by law, the use of military force against Iraq. In several instances neither the President, Congress, nor the courts have been willing to trigger the War Powers Resolution mechanism.