Was Powers Resolution

from Wikipedia, the free encyclopedia

The War Powers Resolution is a United States law that regulates the use of armed forces by the President .

Origin and purpose

Under the United States Constitution , Congress has the right to declare war (Article I, paragraph 8) and the US President is the Commander-in-Chief of the Armed Forces (Article II, paragraph 2). It is therefore unclear to what extent the president, as commander in chief, has the right to use armed forces in armed conflicts without the approval of Congress.

The background to the War Powers Resolution was the unclear constitutional situation regarding the use of armed forces in the Korean and Vietnam wars . In the case of the Korean War, there was no formal declaration of war or a resolution by the Congress approving the operation. After a Vietnamese attack on an American speedboat in the Gulf of Tonkin in 1964, Congress passed a resolution supporting the use of armed forces in Vietnam. It was not, however, a formal declaration of war, but a publication as a law. In 1973, the war powers resolution was passed by a two-thirds majority in Congress, following a veto by President Nixon . The aim was to ensure the future participation of Congress in the deployment of armed forces.

content

The law consists of ten sections and various sub-sections. In Section 2 of the Act defines that the president and Congress are jointly responsible for entry into an armed action of the armed forces. The President may command the right to dispatch soldiers to war without the participation of Congress only in accordance with a declaration of war under any law or national emergency constituting an attack on the United States, its territories or possessions, or its armed forces. However, he must always consult the Congress within 48 hours ( Section 3 ).

Also, in the event of an increase in troops and equipment to prepare for a combat operation in a foreign state, he has within 48 hours the Speaker of the House of Representatives and the President pro tempore of the Senate about the necessity, the constitutional or legal power to which he invokes and about to inform in writing of the planned scope and duration ( Section 4 ). In addition, the Congress has the right to be kept informed about the progress by the President.

60 days after the President writes to Congress, he must stop using the armed forces unless Congress has declared war or issued special authorization. The same applies if a law requires action beyond the 60-day limit or if Congress cannot meet because of an attack on the United States ( Section 5 ). However, after the 60-day period has expired, the President has 30 days to withdraw. Under special circumstances, consent can only become mandatory after 90 days.

Case law of the Supreme Court

In 1983 the Supreme Court ruled that the Congressional veto , recorded in Section 5c , was contrary to the Constitution. This section stipulated that in the absence of a declaration of war, Congress could at any time pass a resolution by a simple majority in which the president was forced to recall the armed forces. This decision did not directly affect the War Powers Resolution , but rather applied to all interventions by Congress in tasks of the President that were constitutionally assigned to him. This does not contradict the rule that Congress has to decide on the use of US troops after 60 days.

Authorization by the UN

Presidents have at times stated that they are sufficiently authorized by a Security Council resolution to use armed forces and are therefore not dependent on a resolution by Congress. However, this argument is doubtful, since international law does not interfere with the internal decision-making mechanisms of a state.

Effect of the War Powers Resolution

In retrospect, it is questionable whether the resolution led to a limitation of presidential powers, as the law is imprecisely formulated. The constitutionality of the law is controversial. However, since the Congress provides the financial means for the military ("power of the purse") it can indirectly demand the cessation of military combat operations. In 2008, a commission headed by former Foreign Ministers James Baker and Warren Christopher proposed a reform of the War Powers Resolution. The proposal provides that the constitutional question of whether the president may use armed forces without a declaration of war should not be affected. According to the proposal, the Congress should be better informed about fighting and communication between the legislative and executive branches improved.

Examples of military operations without a formal declaration of war

In the past, presidents deployed the armed forces without a formal declaration of war, but in part with the support of Congress through a resolution.

Individual evidence

  1. ↑ http://www.law.cornell.edu/uscode/html/uscode50/usc_sup_01_50_10_33.html
  2. ↑ https://www.fold3.com/image/4346698/
  3. ↑ http://articles.cnn.com/2008-07-08/politics/war.powers_1_war-powers-resolution-baker-and-christopher-iraq?_s=PM:POLITICS  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Dead Link / articles.cnn.com  
  4. ↑ http://web.utk.edu/~scheb/library/gulfwar.htm
  5. ^ Joint Resolution
  6. ↑ tagesschau.de: USA attack air force base in Syria. Retrieved April 9, 2017 .