The Act reiterates that only Congress has the power to declare war.
– Provides for Presidential consultation with Congress before he commits
– Provides that President shall report to Congress within 48 hours of
commission when he has found it necessary to commit troops. He must also make
report to Congress every 6 months in extended conflicts.
– Provides for commission of troops pursuant to joint resolution of congress
and President. Note: President Bush’s sighing of H.J. Res. 77 committing troops to
Iraq (1991) (p. 472).
Presidents have not formally submitted to the War Powers Resolution. The Court
has never interfered in this area.
War Powers Resolution
Sec.2(c) Forces can only be introduced by Prez if there is a declaration of war
(entirely Congress), a specific statutory authorization or national emergency
created by attack on the US.
Sec.3 the Prez will consult in every possible instance before introducing troops
& then shall consult regularly…
Note: very cumbersome, complicated w/rigid timetables.
Although Prez have consulted w/Congress, none have formally invoked WP Resolution.
The reporting provision have been essentially ignored.
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