You will perform research and write a 3-4 pages (750-1000 words) ?discussing checks and balances on the president’s military powers. – Checks and Balances
You will perform research and write a 3–4 pages (750-1000 words) discussing checks and balances on the president’s military powers.
– Checks and Balances
- 3–4 page in which you explain an instance in which either Congress or the federal courts “checked” the power of the executive branch in a war or an armed military conflict. Describe the long-term impact that this use of power has had on U.S. national defense strategy and the role of the military in achieving the objectives of the government. Cite your sources (Chicago style).
-attach turn it in report
References:
- C-SPAN, “Presidential War Powers,” YouTube video, 2:00, January 5, 2018, https://www.youtube.com/watch?v=wgUpEit_kI0.
- MSNBC, “Revisiting The Pentagon Papers 50 Years After Their Release | MSNBC,” YouTube video, 11:50, June 14, 2021, https://youtu.be/WIGyoNoVXZ0.
- The University of Chicago, “Hamdan v. Rumsfeld and the Fight over Presidential Power,” YouTube video, 41:43, August 28, 2015, https://youtu.be/derswFrfUXk.
- https://www.nytimes.com/2004/06/13/magazine/commander-swift-objects.html
- Insert footnotes
- Format: 12-point font, Times New Roman, and double-spaced.
- Have a dedicated introduction, conclusion, and references/citations as required.
- Be sure to follow Chicago Manual of Style 17th Edition for citations. For more information on Chicago Style, refer to the Marine Corps University's Style Guide
Home / Topics / Vietnam War / War Powers Act
Table of Contents The War Powers Act is a congressional
resolution designed to limit the U.S.
president’s ability to initiate or escalate
military actions abroad. Among other
restrictions, the law requires that
presidents notify Congress after deploying
the armed forces and limits how long units
can remain engaged without
War Powers Act
BY: HISTORY.COM EDITORS
UPDATED: JULY 27, 2023 | ORIGINAL: NOVEMBER 30, 2017
What Is the War Powers
Act?
Origins of the War Powers
Act
Presidential Challenges
Is the War Powers Act
Effective?
Sources
What Is the War Powers Act? The War Powers Act—officially called the War Powers Resolution—was enacted
in November 1973 over an executive veto by President Richard M. Nixon.
The law’s text frames it as a means of guaranteeing that “the collective
judgment of both the Congress and the President will apply” whenever the
American armed forces are deployed overseas. To that end, it requires the
President to consult with the legislature “in every possible instance” before
committing troops to war.
1.
2.
3.
4.
5.
congressional approval. Enacted in 1973
with the goal of avoiding another lengthy
conflict such as the Vietnam War, its
effectiveness has been repeatedly
questioned throughout its history, and
several presidents have been accused of
failing to comply with its regulations.
The resolution also sets down reporting requirements for the chief executive,
including the responsibility to notify Congress within 48 hours whenever
military forces are introduced “into hostilities or into situations where
imminent involvement in hostilities is clearly indicated by the circumstances.”
Additionally, the law stipulates that Presidents are required to end foreign
military actions after 60 days unless Congress provides a declaration of war or
an authorization for the operation to continue.
Origins of the War Powers Act In the U.S. Constitution, the power to make war is shared by the executive and
legislative branches. As commander-in-chief of the military, the president is
charged with directing the armed forces. Congress, meanwhile, is vested with
the power “to declare war” and “raise and support armies.”
These provisions were traditionally interpreted to mean that Congress had to
approve American involvement in overseas wars. By the 1970s, however, many
lawmakers had grown wary of presidents deploying the armed forces abroad
without first consulting Congress.
President Harry S. Truman had committed U.S. troops to the Korean War as
part of a United Nations “police action,” and Presidents Kennedy, Johnson and
Nixon had overseen the long and controversial undeclared conflict during the
Vietnam War.
Legislative efforts to reign in presidential war powers coalesced during the
Nixon administration. Disturbed by revelations about the Vietnam conflict—
including news that Nixon had been conducting a secret bombing campaign in
Cambodia—the House and Senate crafted the War Powers Act as a means of
reasserting Congressional authority over foreign wars.
Presidential Challenges President Nixon was an early critic of the War Powers Act, and he vetoed the
law on the grounds that it was an “unconstitutional and dangerous” check on
his duties as commander-in-chief of the military.
In a message accompanying his veto, Nixon argued that the resolution “would
attempt to take away, by a mere legislative act, authorities which the President
has properly exercised under the Constitution for almost 200 years.”
Congress overrode Nixon’s veto, but he wasn’t the last chief executive to bristle
at the restrictions of the War Powers Act. Since the 1970s, every sitting
president has either sidestepped some of the law’s provisions or labeled it
unconstitutional.
One of the first major challenges to the War Powers Act came in 1981, when
President Ronald Reagan deployed military personnel to El Salvador without
consulting or submitting a report to Congress. In 1999, President Bill Clinton
continued a bombing campaign in Kosovo beyond the 60-day time limit cited in
the law.
A more recent War Powers Act dispute arose in 2011, when President Barack
Obama initiated a military action in Libya without congressional authorization.
Members of Congress have occasionally objected to the executive branch’s
disregard for the War Powers Act, but attempts to take the issue to court have
been unsuccessful. In 2000, for example, the Supreme Court refused to hear a
case on whether the law had been violated during military operations in
Yugoslavia.
Is the War Powers Act Effective? Ever since its passage in 1973, politicians have been divided on the War Powers
Act’s effectiveness. Supporters of the resolution maintain that it is a much-
needed check on the president’s ability to make war without Congressional
approval.
Critics, meanwhile, argue the law has failed to create better coordination
between the executive and legislative branches. Some believe the law is too
restrictive on the president’s ability to respond to foreign emergencies, while
others contend that it gives the president free reign to commit troops
overseas.
Most experts tend to agree that the War Powers Act has rarely worked as
intended. According to one study by the Congressional Research Service,
presidents have traditionally avoided citing certain provisions of the resolution
whenever they submit reports to Congress. As a result, the 60-day time limits
of the law have rarely been triggered, and it has never been used to bring an
end to a foreign military operation.
Because of the War Powers Act’s contentious history, there have occasionally
been calls for the resolution to be repealed or amended. One notable attempt
came in 1995, when the U.S. House of Representatives voted on an
amendment that would have repealed many of the Act’s main components.
The measure was narrowly defeated by a vote of 217-204.
Sources War Powers Resolution. The Cornell Law School Legal Information Institute.
War Powers. The Law Library of Congress.
War Powers Resolution Revisited: Historic Accomplishment or Surrender?
William and Mary Law Review.
War Powers Resolution: Presidential Compliance. Congressional Research
Service.
The War Powers Resolution: Concepts and Practice. Congressional Research
Service.
BY: HISTORY.COM EDITORS
HISTORY.com works with a wide range of writers and editors to create
accurate and informative content. All articles are regularly reviewed and
updated by the HISTORY.com team. Articles with the “HISTORY.com
Editors” byline have been written or edited by the HISTORY.com editors,
including Amanda Onion, Missy Sullivan, Matt Mullen and Christian
Zapata.
Citation Information
Article Title War Powers Act
Author History.com Editors
Website Name HISTORY
URL https://www.history.com/topics/vietnam-war/war-powers-act
Date Accessed January 17, 2025
Publisher A&E Television Networks
Last Updated July 27, 2023
Original Published Date November 30, 2017
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