The War Powers Act

1
The War Powers Act

• Increasing Congressional Assertiveness
• Gulf of Tonkin Resolution based on incorrect info
• 1969, Natl Commitments Resolution
• President consulting Congress prior to armed
  involvement overseas
• 1971, repeal of the Tonkin Resolution
• 1970, The Cooper-Church Amendment (Supplementary
  Foreign Assistance Act)
• Limiting air operations

2
The War Powers Act (WPA)

• WPA no more blank check
• Requires President to
• In every possible instance, consult Congress
  before involving forces into hostilities or
  situations of imminent hostilities
• To inform Congress within 48 hours regarding
  troop deployment in 3 types of situations when
• troops sent zones of hostilities
• troops sent to a region of imminent hostilities
• combat-ready troops sent in a foreign country

3
The War Powers Act (WPA)

• WPA no more blank check
• Requires President to
• In every possible instance, consult Congress
  before involving forces into hostilities or
  situations of imminent hostilities
• To inform Congress within 48 hours regarding
  troop deployment in 3 types of situations when
• troops sent zones of hostilities or regions of
  imminent hostilities
• Combat-ready troops sent to a foreign country

4
The War Powers Act (WPA)

• Requires President to
• To inform Congress within 48 hours regarding
  troop deployment in 3 types of situations when
• Deployed troops substantially enlarge the
  existing combat-ready troops in a foreign country
• 60-day clock ticking if situation one
• hostilities being the key word
• Congressional approval required to extend the
  60-day stay
• Concurrent resolution

5
The War Powers Act (WPA)

• Requires President to
• 30-day extension
• Congress allow 30 days for safe exit of forces
• Concurrent resolution
• Simple majority vote in both houses to force
  withdrawal of forces from a region at any time
  without Presidents signature or veto
• Invalidated by Supreme Court, 1983