War Powers Resolution: After Thirty-Three Years

摘要

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. The War Powers Resolution (P.L. 93-148) was passed over the veto of President Nixon on November 7, 1973, to provide procedures for Congress and the President to participate in decisions to send U.S. Armed Forces into hostilities. Section 4(a)(1) requires the President to report to Congress any introduction of U.S. forces into hostilities or imminent hostilities. When such a report is submitted, or is required to be submitted, section 5(b) requires that the use of forces must be terminated within 60 to 90 days unless Congress authorizes such use or extends the time period. Section 3 requires that the President in every possible instance shall consult with Congress before introducing U.S. Armed Forces into hostilities or imminent hostilities.