What is the significance of the war powers resolution of 1973

Privacy Copyright. Skip to main content. Faculty Scholarship Series. Authors Stephen L. Citation Information Please cite to the original publication. Abstract Anyone wishing to argue that the War Powers Resolution of is unconstitutional must be prepared to explain the purpose of article I, section 8, clause 11, of the Constitution. Washington, D.

The War Powers Act prevents the president from continuing hostilities undertaken in emergency or exigent circumstances without seeking and obtaining Congressional approval within certain time periods. Under the War Powers Act, the president must obtain Congressional approval for hostilities he or she commences within 60 or 90 days. Certainly, if the President seeks to go beyond that period of time, or the other limits of the War Powers Act, he or she should do so only pursuant to statutory authorization prescribed by the War Powers Act or a declaration of war.

Since the War Powers Resolution of , sitting Presidents have submitted over reports to Congress. The War Powers Resolution has been controversial since its inception. The executive branch continuously cites the need for greater flexibility in militarily protecting U. Additionally, the National Archives has assembled a comprehensive lesson on how the United States conducts its wars.

In the event the conferees are unable to agree within forty-eight hours, they shall report back to their respective Houses in disagreement.

By the authority vested in me as President by the Constitution and laws of the United States, including section of title 3, United States Code , I hereby delegate to you the functions and authority conferred upon the President by section 4 of the Authorization for Use of Military Force Against Iraq Resolution of , Public Law — [set out in a note above], and by section 3 of the Authorization for Use of Military Force Against Iraq Resolution, Public Law —1 [set out in a note above], to make the specified reports to the Congress.

You are authorized and directed to publish this memorandum in the Federal Register. The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and after every such introduction shall consult regularly with the Congress until United States Armed Forces are no longer engaged in hostilities or have been removed from such situations.

In the absence of a declaration of war, in any case in which United States Armed Forces are introduced—. A the circumstances necessitating the introduction of United States Armed Forces;.

B the constitutional and legislative authority under which such introduction took place; and. C the estimated scope and duration of the hostilities or involvement. The President shall provide such other information as the Congress may request in the fulfillment of its constitutional responsibilities with respect to committing the Nation to war and to the use of United States Armed Forces abroad.

Whenever United States Armed Forces are introduced into hostilities or into any situation described in subsection a of this section, the President shall, so long as such armed forces continue to be engaged in such hostilities or situation, report to the Congress periodically on the status of such hostilities or situation as well as on the scope and duration of such hostilities or situation, but in no event shall he report to the Congress less often than once every six months.

Each report submitted pursuant to section a 1 of this title shall be transmitted to the Speaker of the House of Representatives and to the President pro tempore of the Senate on the same calendar day.

Each report so transmitted shall be referred to the Committee on Foreign Affairs of the House of Representatives and to the Committee on Foreign Relations of the Senate for appropriate action. If, when the report is transmitted, the Congress has adjourned sine die or has adjourned for any period in excess of three calendar days, the Speaker of the House of Representatives and the President pro tempore of the Senate, if they deem it advisable or if petitioned by at least 30 percent of the membership of their respective Houses shall jointly request the President to convene Congress in order that it may consider the report and take appropriate action pursuant to this section.

Within sixty calendar days after a report is submitted or is required to be submitted pursuant to section a 1 of this title , whichever is earlier, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted or required to be submitted , unless the Congress 1 has declared war or has enacted a specific authorization for such use of United States Armed Forces, 2 has extended by law such sixty-day period, or 3 is physically unable to meet as a result of an armed attack upon the United States.

Such sixty-day period shall be extended for not more than an additional thirty days if the President determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces. Notwithstanding subsection b , at any time that United States Armed Forces are engaged in hostilities outside the territory of the United States, its possessions and territories without a declaration of war or specific statutory authorization, such forces shall be removed by the President if the Congress so directs by concurrent resolution.

Any joint resolution or bill introduced pursuant to section b of this title at least thirty calendar days before the expiration of the sixty-day period specified in such section shall be referred to the Committee on Foreign Affairs of the House of Representatives or the Committee on Foreign Relations of the Senate, as the case may be, and such committee shall report one such joint resolution or bill, together with its recommendations, not later than twenty-four calendar days before the expiration of the sixty-day period specified in such section, unless such House shall otherwise determine by the yeas and nays.

Any joint resolution or bill so reported shall become the pending business of the House in question in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents , and shall be voted on within three calendar days thereafter, unless such House shall otherwise determine by yeas and nays. Such a joint resolution or bill passed by one House shall be referred to the committee of the other House named in subsection a and shall be reported out not later than fourteen calendar days before the expiration of the sixty-day period specified in section b of this title.

The joint resolution or bill so reported shall become the pending business of the House in question and shall be voted on within three calendar days after it has been reported, unless such House shall otherwise determine by yeas and nays.