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Repealing the War Powers Resolution

Author: Robert F. Turner
Publisher: Potomac Books
ISBN:
Category : Law
Languages : en
Pages : 232

Book Description

Repealing the War Powers Resolution

Author: Robert F. Turner
Publisher: Potomac Books
ISBN:
Category : Law
Languages : en
Pages : 232

Book Description

The War Powers Resolution

Author: Congressional Research Service
Publisher: Createspace Independent Publishing Platform
ISBN: 9781545111680
Category :
Languages : en
Pages : 98

Book Description
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.

War Powers Resolution

Author: Richard F. Grimmett
Publisher: DIANE Publishing
ISBN: 1437925065
Category : Political Science
Languages : en
Pages : 19

Book Description
Two separate but closely related issues confront Congress each time the Pres. introduces armed forces into a situation abroad that could lead to their involvement in hostilities. One issue concerns the division of war powers between the Pres. and Congress, whether the use of armed forces falls within the purview of the congressional power to declare war and the War Powers Resolution (WPR). The other issue is whether or not Congress concurs in the action. This report deals with congressional authorization for military action, and the application and effectiveness of the WPR. Contents of this report: Recent Developments; Background and Analysis; U.N. Actions; Former Yugoslavia/Bosnia; Kosovo; Iraq: Post 1991; Haiti; and Somalia.

War Powers Resolution

Author: United States. Congress. Senate. Committee on Foreign Relations
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 544

Book Description

Presidential War Power

Author: Louis Fisher
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 344

Book Description
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.

The Powers of War and Peace

Author: John Yoo
Publisher: University of Chicago Press
ISBN: 0226960331
Category : Political Science
Languages : en
Pages : 379

Book Description
Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror—and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords—has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration. John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his controversial analysis in a brilliant reconstruction of the original understanding of the foreign affairs power and supplements it with arguments based on constitutional text, structure, and history. Accessibly blending historical arguments with current policy debates, The Powers of War and Peace will no doubt be hotly debated. And while the questions it addresses are as old and fundamental as the Constitution itself, America's response to the September 11 attacks has renewed them with even greater force and urgency. “Can the president of the United States do whatever he likes in wartime without oversight from Congress or the courts? This year, the issue came to a head as the Bush administration struggled to maintain its aggressive approach to the detention and interrogation of suspected enemy combatants in the war on terrorism. But this was also the year that the administration’s claims about presidential supremacy received their most sustained intellectual defense [in] The Powers of War and Peace.”—Jeffrey Rosen, New York Times “Yoo’s theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important, Yoo’s approach offers a way to renew our political system’s democratic vigor.”—David B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review

War Powers Resolution

Author: Richard F. Grimmett
Publisher: DIANE Publishing
ISBN: 1437932932
Category : Law
Languages : en
Pages : 81

Book Description
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.