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Topic: War Powers Act

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	USA, War, President, Law, Military, Page 11 (Site not responding. Last check: 2007-10-13)
		The purpose and underlying rationale of the War Powers act are stated in Section 2 of the Act.
		Section 4(a) of the Act requires the President to report to Congress, providing it with information regarding (1) the circumstances necessitating the introduction of the U.S. Armed Forces, (2) the constitutional and statutory authority under which introduction of the Armed Forces took place, and (3) the estimated scope and duration of the hostilities or involvement.
		Sections 2(c) and 5(b) of the War Powers Act establish three conditions, the existence of any one of which authorizes the President to introduce U.S. military forces into foreign hostilities or into a situation where imminent involvement of American troops in foreign hostilities is clearly indicated.
	www.proconservative.net /WarAmericaP4j.shtml (755 words)

	American Civil Liberties Union : Testimony of Legislative Counsel Timothy Edgar on Applying the War Powers Resolution ...
		If a general war is declared, its extent and operation are only restricted and regulated by the jus belli, forming a part of the law of nations; but if a partial war is waged, its extent and operation depend on our municipal [domestic] laws.
		The War Powers Act was adopted in 1973, only nine years after the 1964 Gulf of Tonkin resolution had authorized the President to "take all necessary measures to repel any armed attack against the forces of the United States and to prevent further aggression" in Southeast Asia.
		The War Powers Act gives Congress the means to assert its proper constitutional role with respect to any use of American military force abroad to combat terrorism in the weeks, months, perhaps years ahead.
	www.aclu.org /natsec/warpowers/12504leg20020417.html (1333 words)

	The Avalon Project : War Powers Resolution
		Concerning the War Powers of Congress and the President.
		This joint resolution may be cited as the "War Powers Resolution".
		The House of Representatives having proceeded to reconsider the resolution (H. Res 542) entitled "Joint resolution concerning the war powers of Congress and the President", returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was
	www.yale.edu /lawweb/avalon/warpower.htm (921 words)

	War Powers Resolution - Wikipedia, the free encyclopedia
		The War Powers Act of 1973 (Public Law 93-148) limits the power of the President of the United States to wage war without the approval of Congress.
		The Resolution is sometimes erroneously referred to as simply the War Powers Act, but that is an older law intended to define limits on trade with enemies during wartime.
		On November 9, 1993, the House used a section of the War Powers Resolution to state that U.S. forces should be withdrawn from Somalia by March 31, 1994; Congress had already taken this action in appropriations legislation.
	en.wikipedia.org /wiki/War_Powers_Resolution (712 words)

	War Powers Resolution: Presidential Compliance
		One issue concerns the division of war powers between the President and Congress, whether the use of armed forces falls within the purview of the congressional power to declare war and the War Powers Resolution.
		The War Powers Resolution states that the President's powers as Commander- in-Chief to introduce U.S. forces into hostilities or imminent hostilities are exercised only pursuant to (1) a declaration of war; (2) specific statutory authorization; or (3) a national emergency created by an attack on the United States or its forces.
		Section 8(a) of the War Powers Resolution states that authority to introduce U.S. forces into hostilities is not to be inferred from any treaty, ratified before or after 1973, unless implementing legislation specifically authorizes such introduction and says it is intended to constitute an authorization within the meaning of the War Powers Resolution.
	www.fas.org /man/crs/IB81050.html (6609 words)

	Fixing the War Powers Act
		In 1973, Congress enacted the War Powers Resolution over President Nixon's veto.1 Supporters viewed the law2 as an effort to prevent another Vietnam, while opponents saw it as an unconstitutional effort to restrict the Commander in Chief while not achieving its well-intentioned goals.3 The law is now more than 21 years old.
		After the enactment of the War Powers Resolution, Presidents have simply ignored the strict limits of this section, as illustrated by incidents such as the Mayaguez rescue and the invasion of Grenada.
		Ely, War and Responsibility, supra, at 118 (footnote omitted).
	www.heritage.org /Research/NationalSecurity/hl529.cfm (3837 words)

	JS Online: War Powers Act still packs punch, its authors declare
		But members of the so-called "Milwaukee mafia" who drafted the War Powers Act in 1973 and passed it over a veto by President Richard M. Nixon said the law had worked over the years and continued to function as a brake on both the president and Congress.
		He introduced the War Powers Act as a joint resolution of the Senate and House and persuaded Sen. Jacob K. Javits (R-N.Y.) to introduce it in the Senate.
		One of those who originally voted against the War Powers Act but switched to override the veto was a young Republican congressman from Mississippi, Trent Lott, who now is the Senate majority leader.
	www.jsonline.com /news/kosovo/jun99/clem17061699.asp (983 words)

	War Powers Act (1917 & 1973) - Topic Powered by eve community
		War Resolution of 1917 (Wilson, April 2, 1917) (also known as the War Powers Act of 1917).
		The War Powers Acts prior to 1973 pertained to situations and issues relative to Congress' declaring war.
		The Act of 1973 recognized that a President can arbitrarily expand the use of armed forces in situations other than war and that conduct had to be regulated.
	forums.military.com /eve/forums/a/tpc/f/409192893/m/4280041301001 (1029 words)

	On a European War Powers Act \| European Union Security & Defence
		As long as war was not formally declared, he virtually had a free hand, and in order to retain the effectiveness of the executive branch, US Presidents made sure that war was never declared.
		The purpose of the War Powers Act is to 'insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities (...) and to the continued use of such forces in hostilities or in such situations'.
		Firstly, it would empower the European Parliament, acting on behalf of EU citizenry and all EU member states, with the right to stop a crisis management operation after 60 days that is conceived and executed by a number of EU Member States using the mechanism of 'enhanced cooperation'.
	www.euractiv.com /en/security/european-war-powers-act/article-110104 (1804 words)

	War Powers Act or how to avoid declaring war on another nation!
		The War Powers Resolution of 1973 (Public Law 93-148) limits the power of the President of the United States to wage war without the approval of the Congress.
		The Korean War was not a war authorized by the U.S. Congress.
		Those who believe that formal declarations of war are not necessary say that an absence of a formal declaration does not necessary mean that a military conflict will be chaotic and unlawful; in many cases the rules of war are now well enough accepted to make formal declarations unnecessary.
	home.pcisys.net /~thebear/war_powers_act.html (1597 words)

	A 'Splendid Little War' Collides With the War Powers Act
		On April 28, a majority of the House of Representatives voted against a declaration of war; against withdrawal from the war; for requiring congressional approval prior to the dispatch of any ground forces; and, in a 213-213 vote, against a resolution in support of the air war.
		In the wake of Vietnam, Congress sought to rein in executive war-making by passing the War Powers Act in 1973.
		They wanted the decision to move from peace to war, to put lives and fortune at risk, to be made carefully, with deliberation not with dispatch.
	www.ourfuture.org /onmessage/borosage/before_2002/5_23_99.cfm (1134 words)

	Declare War
		Declarations of war may seem to be relics of a bygone era—a time more deeply steeped in ritual, when ambassadors in frock coats delivered sealed communiqués to foreign courts.
		Yet a declaration of war has a great deal to recommend it today: it forces a deliberate, public conversation about the reasons for going to war, the costs, the risks, the likely gains, the strategies for achieving them—all followed by a formal vote.
		In the wake of the Vietnam War, Congress tried to fix this problem by passing the War Powers Act, which states that troops sent into combat by the president must be withdrawn within sixty days unless Congress specifically approves an extension of combat.
	www.theatlantic.com /doc/200511/declare-war (781 words)

	Vietnam Conflict, Congressional Revolt, War Powers Act
		As indicated previously, the protracted character of the war and the high costs of U.S. involvement resulted in a resurgence within the U.S.A. of public opinion favoring an isolationist, or noninterventionist, foreign policy--a revival of sentiment in favor of America's withdrawal from international affairs, especially from participation in the war in Vietnam.
		Congress was seeking to reassert itself, regain power it had lost to the Presidency, and devise new means of participating more fully and effectively in the shaping and control of the nation's external policy.
		On November 7, 1973, Congress overrode a presidential veto and enacted into law the War Powers Act, which was intended to impose strict limits on the President's war-making abilities.
	www.geocities.com /way_leroy/ProConVolTwoIssueOnePage4.html (1822 words)

	American Civil Liberties Union : ACLU Urges Congressional Authorization Before Expansion of Military Activity; Says Use ...
		Any other military action, the ACLU said, must be authorized by the War Powers Act, the landmark law passed after Presidents Johnson and Nixon escalated the war in Vietnam without specific legislative approval and in defiance of the Constitution's design.
		The War Powers Act requires, among other things, the submission of a report to Congress by the President no later than 48 hours after the introduction of U.S. military forces into open hostilities or situations where hostilities are likely.
		The ACLU also said that, in-line with the War Powers Act and other law, Presidential power must be constrained by the legislature and that recent unilateral moves by the Administration, including the decision to implement military tribunals, have not received proper authorization as the Constitution demands.
	www.aclu.org /natsec/warpowers/12505prs20020417.html?s_src=RSS (506 words)

	War Powers Act
		The act was passed over President Richard Nixon's veto, and aimed at restricting the president's introduction of US forces into potentially hostile situations without Congressional declaration of war.
		The act has been considered unconstitutional by each president since its passage, and its provisions generally have been ignored by both Congress and presidents.
		The flag may have been based on that of Schwyz, one of the original cantons of the Confederation.
	www.tiscali.co.uk /reference/encyclopaedia/hutchinson/m0023840.html (291 words)

	War Powers Act, Presidential Warmaking, Ford, Reagan
		In the past, a concurrent resolution was passed when the two chambers desired to express the "sense of Congress" (i.e., its opinion) on a particular issue or problem and, therefore, the resolution did not have the force of law.
		Since enactment of the War Powers Act in 1973, every president has disapproved of the statute, regarding its provisions as being unwise, unduly restrictive, and based on the shortsighted views and irresponsible motives of those who drafted the legislation and pushed for its adoption.
		Another notable example of President Reagan's military initiatives not encountering major problems with Congress and the War Powers Act was the 1986 confrontation with Libyan dictator and Bedouin trouble-maker Muammar al-Qaddafi, involving the naval engagement in the Gulf of Sidra and the aerial bombardment of Libya.
	www.geocities.com /way_leroy/ProConVolTwoIssueOnePage5.html (2397 words)

	WorldNetDaily: Repeal war powers act (Site not responding. Last check: 2007-10-13)
		In threatening to block a bill designed to keep him from acting beyond the scope of his constitutional authority, Clinton is saying, in effect, that he should not be bound by the constitutional provision granting Congress the exclusive power to declare war.
		The Constitution states that Congress shall have the power to provide for the common defense, to declare war and to make rules for the government and regulation of the land and naval forces, but it makes the president the commander in chief.
		But even though they feared consolidating too much power of any kind in the chief executive, they reluctantly gave him broad powers as commander in chief to quarterback a war, once it has been constitutionally declared by Congress, only because it would be utterly impractical to try to run a war by committee.
	www.worldnetdaily.com /news/article.asp?ARTICLE_ID=18879 (745 words)

	[No title]
		The lawsuit maintains that, according to the War Powers Resolution Act, Clinton must seek congressional approval for the Balkan war if he wished to pursue it beyond 60 days.
		This litigation will do so." Campbell mentioned that no "inherent" power of the president as commander in chief gives him the authority to declare war where there was no attack against the United States, no summons from an ally under attack or no emergency that prevented congressional deliberation.
		Clinton to follow his Oath of Office to uphold the Constitution and laws of the United States." Referring to Clinton's disregard for the War Powers Resolution, Paul added, "Once again, President Clinton is demonstrating his utter disregard for the Constitution and laws of this nation.
	members.aol.com /beachbt/warpowers.txt (582 words)

	USATODAY.com - Patriot Act blurred in the public mind (Site not responding. Last check: 2007-10-13)
		The Patriot Act significantly expanded the power of federal law enforcement by allowing the FBI and CIA to share evidence and by giving terrorism investigators access to evidence-gathering tools that agents in criminal probes have used for years.
		In his State of the Union address in January, President Bush underscored the act's importance to his administration by urging Congress to renew 16 sections that are the heart of the law's surveillance powers.
		In playing down the Patriot Act's powers, Ashcroft says that it amounted to "incremental" tinkering with existing laws and gave counterterrorism agents access to the same tools that are available to those investigating criminal cases.
	www.usatoday.com /tech/news/techpolicy/2004-02-25-patriot-main_x.htm (2305 words)

	The conservative case for the War Powers Act. - By Timothy Noah - Slate Magazine
		Ergo, the War Powers Act has nothing to do with the ground war that the United States is fighting in Afghanistan.
		The resolution stated explicitly that it was "intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution," thereby obviating the need for Congress to weigh in again 60 or 90 days hence.
		It's worth noting that most constitutional scholars regard the War Powers Act as being unconstitutional--it's dead in the water, as far as the courts are concerned, and any attempt by Congress to wield its powers under the act would probably wind-up in front of the Supreme Court.
	www.slate.com /?id=2059333 (1757 words)

	What About the War Powers Act?
		It was to undo this legislative mistake that Congress in 1973 enacted the War Powers Act.
		The details of the War Powers Act, however, have usually been honored in the breach.
		Feingold's earlier hearings, Deputy Assistant Attorney General John Yoo, insisted, however, that the president is not bound by the War Powers Act requiring specific congressional approval because of his constitutional powers as commander in chief.
	www.commondreams.org /views02/0501-07.htm (675 words)

	MILNET: The War Powers Act of 1973 (Site not responding. Last check: 2007-10-13)
		See also the Hughes Ryan Act of 1974 and the text of the act itself.
		Some feel the War Powers Act serves to allow Congress the ability to enforce a pacifist, "sit-on-the-hands" approach to confrontation approach to world events as is illustrated by thiis paper by Timonthy S. Boyland and Glenn A. Phelps.
		The President is also allowed under very certain conditions to extend an additional 30 days -- for instance to actually effect movement of troops or to ensure their safety during removal from the combat zone.
	www.milnet.com /warpower.htm (188 words)

	War Powers Act - SourceWatch
		Congress, therefore, should act in the near future to terminate officially the states of national emergency now in effect", although the Committee was also "of the view that it is essential to provide the means for the Executive to act effectively in an emergency.
		According to one source, as the declared National Emergency of March 9, 1933 amended the War Powers Act to include the American People as enemies.
		Kevin J. Hale (Colonel), The War Powers Resolution: Intent, Implication, and Impact, 1993 Research Project, The Industrial College of the Armed Forces, National Defense University.
	www.sourcewatch.org /index.php?title=War_Powers_Act (991 words)

	Constitutional Dictatorship: the War Powers Act (Site not responding. Last check: 2007-10-13)
		Under the powers delegated by these statutes, the President may: seize property; organize and control the means of production; seize commodities; assign military forces abroad; institute martial law; seize and control all transportation and communication; regulate the operation of private enterprise; restrict travel; and...
		Chapter 1, Title 1, Section 48, Statute 1 of this Act of March 9, 1933 is the exact same wording as Title 12, USC 95(b) quoted earlier, proving that we are still under the
		Whenever any President proclaims that the national emergency has ended, all War Powers shall cease to be in effect.
	www.wealth4freedom.com /truth/waract.htm (775 words)

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