Presidential War Powers

Throughout the last several decades the power of the presidency in relation to the other branches of government has grown enormously both at home and abroad. This research examines the recent expansion of presidential authority in send American troops into combat situations in foreign affairs. Presidential usurpations of military power will be discussed, with special attention given to the relevance and the constitutionality of the 1973 War Powers Act.

Presidential War Powers Surprise Congress

The United States is now well entrenched in attempting to aid the United Nations forces in Bosnia bring that region's conflict to a close. It is not at all clear whether the United Nations, even with American support, will succeed. And even if it appears that peace is at hand, it is not at all clear whether the ethnic factions in the former Yugoslav republic will remain at peace once the troops leave.

It is these uncertainties with military action in foreign affairs that ushered into existence in the United States the War Powers Act of 1973. Rarely does it appear that military intervention abroad produces the desired results. If Americans are uncertain what U.S. troops are doing in Bosnia, American members of Congress are bewildered as well.

As far as political risks in foreign affairs go, the decision by President Clinton on May 31, 1995 was startling. Without consulting any of the congressional leaders of either party, the president announced not only that he was prepared to f

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ssional approval. The War Powers Resolution was enacted at the end of the Indochina War over President Richard Nixon's veto, largely in response to a perception on the part of Congress that since 1950--when President Truman initiated the Korean War without congressional consent--it had been evading its constitutional duty to share in the power to initiate war. Section 4(a) of the Resolution requires the president to report to Congress within 48 hours of introducing American forces "into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances." The Resolution further provides that the president shall terminate such hostilities within 60 days unless (1) Congress has declared war, or (2) Congress has extended the authorized conflict another 60 days, or (3) Congress is physically unable to meet because of an invasion. The original 60 days of legitimate hostilities may be extended an additional 30 days by the president if, and only if, the president certifies to Congress that immediate cessation of hostilities would endanger the security of the United States (Ely, 1988, pp. 1379-1382). The War Powers Resolution is broad and explicit and designed to apply to every possible sit

Category: Government - P