War Powers Resolution of 1973: A Sign of the Times

摘要

Reviews the history of the debate regarding the 'shared powers' between the Congress and the President for the use of military power in support of foreign policy. The purpose of the paper is to examine the origins of the War Powers Resolution and the interactions of the Congress and the Commander in Chief over the use of United States Armed Forces since its enactment. This examination is a precursor to ascertaining whether the War Powers Resolution is viable as a bona fide constitutional mandate, or is it more accurately a building catalyst for change. The inability of the Congress to hold the Commander in Chief accountable to the requirements of the Resolution appears to render it an issue more tied to the success achieved by the military or the popularity of the action undertaken. The necessity of a re-examination of the current military focus towards its future utility in support of United States Foreign Policy is discussed. (fr)