War Powers Resolution
The War Powers Resolution (Public Law 93-148), is commonly called the War Powers Act, however there is an older law by this name. It limits the power of the President of the United States to wage war without the approval of Congress.The Senate and the House of Representatives achieved a 2/3rds majority to pass this joint resolution over President Nixon's veto, on November 7, 1973.
Portions of this act consist of requiring the President to consult with Congress (Sec 3), periodically report to Congress (Sec 4), remove US troops after 90 days - if after 60 days Congress has not declared war (Sec 5).
Every president to date has declared it to be unconstitutional, and the Supreme Court has striken down the 'Legislative Veto', (embodied in Section 5c of this act), in INS v. Chadha (1983). However, in every since instance since the act was passed, the President has asked for, and received an authorization for the use of force consistent with the provisions of the war powers resolution.
The act was intended to exercise Congressional power to declare war under Article One, and the intended purpose of the act was to serve as a check on the power of the President of the United States to commit the United States to military action. Many constitutional scholars have however questioned the usefulness of the act, pointing out that Congress has tended to defer to the Executive when conducting war.
