The War Powers Resolution

The War Powers Resolution

Author: Congressional Research Service

Publisher: Createspace Independent Publishing Platform

Published: 2017-04-03

Total Pages: 98

ISBN-13: 9781545111680

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This report discusses and assesses the War Powers Resolution and its application since enactment in 1973, providing detailed background on various cases in which it was used, as well as cases in which 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 continue 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. 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. From 1975 through March 2017, Presidents have submitted 168 reports as the result of the War Powers Resolution, but only one, the 1975 Mayaguez seizure, cited Section 4(a)(1), which triggers the 60-day withdrawal requirement, and in this case the military action was completed and U.S. armed forces had disengaged from the area of conflict when the report was made. The reports submitted by the President since enactment of the War Powers Resolution cover a range of military activities, from embassy evacuations to full-scale combat military operations, such as the Persian Gulf conflict, and the 2003 war with Iraq, the intervention in Kosovo, and the anti-terrorism actions in Afghanistan. In some instances, U.S. Armed Forces have been used in hostile situations without formal reports to Congress under 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 none of the President, Congress, or the courts has been willing to initiate the procedures of or enforce the directives in the War Powers Resolution.


Presidential War Power

Presidential War Power

Author: Louis Fisher

Publisher:

Published: 2004

Total Pages: 344

ISBN-13:

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For this new edition, Louis Fisher has updated his arguments to include critiques of the Clinton & Bush presidencies, particularly the Use of Force Act, the Iraq Resolution of 2002, the 'preemption doctrine' of the current U.S. administration, & the order authorizing military tribunals.


War Powers Resolution

War Powers Resolution

Author: Richard F. Grimmett

Publisher: DIANE Publishing

Published: 2010-10

Total Pages: 81

ISBN-13: 1437932932

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Discusses and assesses the War Powers Resolution (WPR) and its application. Contents: (1) Intro.; (2) Provisions of the WPR; (3) Constitutional Questions Raised: War Powers of Pres. and Congress; Legislative Veto; Auto. Withdrawal Provision; (4) Major Cases and Issues Prior to the Persian Gulf War: Vietnam and Mayaguez: Iran Hostage Rescue Attempt; El Salvador; Honduras; Lebanon; Grenada; Libya; Persian Gulf, 1987; Invasion of Panama; (5) Major Cases and Issues in the Post-Cold War World: U.N. Actions: Persian Gulf War, 1991; Iraq-Post Gulf War; Somalia; Former Yugoslavia, Bosnia, Kosovo; Haiti; Terrorist Attacks against the U.S., 2001: How Does the WPR Apply?; Use of Force Against Iraq Resolution 2002; (6) Proposed Amend.


The Intersection of Law and War

The Intersection of Law and War

Author: Kristen Boon

Publisher: Oxford University Press, USA

Published: 2012

Total Pages: 591

ISBN-13: 019991592X

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Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics in the worldwide effort to combat terrorism. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), United Nations Security Council resolutions, reports and investigations by the United Nations Secretary-General and other dedicated UN bodies, and case law from the U.S. and around the globe covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 126, The Intersection of Law and War, takes a fresh look at the ways in which law and war intersect in this modern age of multifaceted and multidimensional warfare. Professor Douglas Lovelace, Jr. has organized Congressional Research Service reports and United Nations studies to discuss how U.S. law and international law bear on contemporary national security issues such as: terrorism in the context of the war powers debate; the use of drones for targeted killings; maintaining and closing the U.S. detention facility at Guantanamo Bay; and illegal border crossing into the United States.


The Drone Wars of the 21st Century

The Drone Wars of the 21st Century

Author: Kristen Boon

Publisher: Oxford University Press, USA

Published: 2014

Total Pages: 402

ISBN-13: 019935104X

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"We devote this volume to an examination of the apparent shift in the use of force in defending U.S. interests and in furthering U.S. national security policy. The nation's use of unmanned aerial vehicles, in lieu of more conventional military capabilities, has been increasing significantly since the beginning of the century. Commonly referred to as drones, these surveillance and weapons systems appear to offer many advantages. They allow the United States to apply force in areas otherwise inaccessible to military units. ... drones ... are beginning to be used domestically for law enforcement purposes. This volume on drones focuses on international use of the systems. The following volume will address domestic use of drones"--


Guide to Congress

Guide to Congress

Author: CQ Press,

Publisher: CQ Press

Published: 2012-08-10

Total Pages: 1865

ISBN-13: 1452235325

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The new edition of this comprehensive, two-volume reference has been thoroughly revised and expanded by expert CQ Press writers—with years of experience covering Congress—to offer a complete institutional history of Congress along with updated insight and analysis on the 2008 and 2010 shifts in power of the U.S. Senate and House of Representatives. The 35 chapters of Guide to Congress, Seventh Edition, are divided into eight subject areas that cover all aspects of the U.S. Congress: Origins and Development of Congress, from the constitutional beginnings of the legislative branch to the histories of the House and Senate and their power shifts, eras of partisanship and unity, influential leaders, and working relationships with presidents. New coverage includes analysis of the tug-of-war between House Democrats and the George W. Bush administration on Iraq war withdrawal timetables, updates on criminal investigations of House members including William J. Jefferson of Louisiana and Charles Rangel of New York, and analysis of the Tea Party Movement and new Republican majority. Powers of Congress, including powers to tax, spend, and borrow; to conduct foreign policy and investigations; to confirm and impeach; to regulate commerce; to amend the Constitution; and to select the president. Updated material includes analysis of the George W. Bush administration’s use of immunity from questioning by congressional committees, analysis of the signing of the new START treaty with Russia—marking a cornerstone of U.S. relations with the country, coverage of the War on Terror—including the killing of bin Laden in a U.S. raid in Pakistan, and perspective on the negotiations to raise the federal debt ceiling in 2011. Congressional Procedures, detailing the party and leadership structures; rules and the legislative process; the committee system, assignment, and procedures; and congressional staff. Revised coverage profiles the methods, styles, and legislative successes and defeats of House Speakers Pelosi and Boehner and Senate majority leader Reid. The Guide also analyzes the new hpyerpartisanship emerging in Congress and provides updates on congressional travel reforms and aide statistics and trends. Pressures on Congress, including influence from constituents, political parties, the president, the Supreme Court, lobbyists, and the media. New material explores the use of social media to communicate with constituents, examines the role of the new Consumer Financial Protection Bureau, and analyzes the Obama administration’s relationship with Congress. Housing and Support, covering the U.S. Capitol, House and Senate office buildings, the Library of Congress, and organizations such as the Government Accountability Office and the Congressional Research Service. Updates are provided on new initiatives by the Library of Congress and reforms to the General Accounting Office. Pay and Perquisites, including honoraria and allowances, franking and travel privileges, and other benefits. Updates include revised figures for congressional pay and benefits and analysis of efforts to control privately sponsored foreign travel. Congress and the Electorate, covering the right to vote, the demographic composition of congress, the role of parties in elections, campaign financing, and redistricting. New information discusses elections statistics in recent elections, the impact of third parties, Tea Party gains, and the creation of "super PACs" and 527 groups. Qualifications and conduct, detailing congressional ethics investigations and procedures for disciplining members. Updated coverage reviews ethics investigations, including the creation of the Office of Congressional Ethics. Specific investigations and outcomes are discussed, including the censure of Charles Rangel and disapproval of Joe Wilson’s outburst during a speech by President Obama. Volume 2 concludes with a selected bibliography and key reference materials: a list of all members of congress who have served since 1789; congressional election results; floor leaders and committee chairs; dates for sessions of congress; women, black, Asian, and Hispanic members; and many more. Boxed features, tables, and figures and a generous number of photos enhance the topical coverage of this definitive resource on Congress.


The Imperial Presidency and the Constitution

The Imperial Presidency and the Constitution

Author: Gary Schmitt

Publisher: Rowman & Littlefield

Published: 2017-02-06

Total Pages: 186

ISBN-13: 1538101033

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Time and again, in recent years, the charge has been made that sitting presidents have behaved “imperially,” employing authorities that break the bounds of law and the Constitution. It is now an epithet used to describe presidencies of both parties. The Imperial Presidency and the Constitution examines this critical issue from a variety of perspectives: analyzing the president’s role in the administrative state, as commander-in-chief, as occupant of the modern “Bully Pulpit,” and, in separate essays, addressing recent presidents’ relationship with Congress and the Supreme Court. The volume also deepens the discussion by taking a look back at Abraham Lincoln’s expansive use of executive power during the Civil War where the tension between law and necessity were at their most extreme, calling into question the “rule of law” itself. The volume concludes with an examination of how the Constitution’s provision of both “powers and duties” for the president can provide a roadmap for assessing the propriety of executive behavior.