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Topic: War Powers Resolution


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In the News (Thu 22 Aug 19)

  
  The War Powers Resolution Fraud by Thomas E. Woods, Jr.
In the wake of the Vietnam War Congress passed the War Powers Resolution of 1973.
Suffice it to say that the framers resolutely opposed placing offensive war powers in the hands of the president, and deliberately assigned such authority to the legislative branch.
The War Powers Resolution, in short, is just one in a long line of political gimmicks designed to give the impression that things have changed, when in fact business has never been more usual.
www.lewrockwell.com /woods/woods54.html   (1119 words)

  
  Populist Party - The War Powers Resolution Fraud   (Site not responding. Last check: )
In the wake of the Vietnam War Congress passed the War Powers Resolution of 1973.
Suffice it to say that the framers resolutely opposed placing offensive war powers in the hands of the president, and deliberately assigned such authority to the legislative branch.
The War Powers Resolution, in short, is just one in a long line of political gimmicks designed to give the impression that things have changed, when in fact business has never been more usual.
www.populistamerica.com /the_war_powers_resolution_fraud   (1127 words)

  
 THE PRESIDENT'S CONSTITUTIONAL AUTHORITY TO CONDUCT MILITARY OPERATIONS AGAINST TERRORISTS AND NATIONS SUPPORTING THEM
The power of the President is at its zenith under the Constitution when the President is directing military operations of the armed forces, because the power of Commander in Chief is assigned solely to the President.
Given the President's constitutional powers to respond to national emergencies caused by attacks on the United States, and given also that section 2(c)(3) of the WPR does not attempt to define those powers, we think that that provision must be construed simply as a recognition of, and support for, the President's pre-existing constitutional authority.
Of course the power to declare war involves the power to prosecute it by all means and in any manner in which war may be legitimately prosecuted.").
www.usdoj.gov /olc/warpowers925.htm   (10388 words)

  
 The Avalon Project : War Powers Resolution
The joint resolution or bill so reported shall become the pending business of the House in question and shall be voted on within three calendar days after it has been reported, unless such House shall otherwise determine by yeas and nays.
If any provision of this joint resolution or the application thereof to any person or circumstance is held invalid, the remainder of the joint resolution and the application of such provision to any other person or circumstance shall not be affected thereby.
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)

  
 THE WAR POWERS RESOLUTION: An Unnecessary, Unconstitutional Source of "Friendly Fire" in the War Against ...   (Site not responding. Last check: )
A concurrent resolution requires the approval of the House and Senate, but not the President, and the practice of attempting to legislate by concurrent resolutions was struck down as unconstitutional by the Supreme Court in June 1983 in I.N.S. v.
Whatever their recollections or knowledge of history, a primary motivation for enactment of the War Powers Resolution was to assure the American voters that Congress was not responsible for this unpopular war and that Congress was acting to prevent similar tragedies in the future.
The power of Congress to declare War remains a part of the U.S. Constitution, and were the President to decide to violate international law and initiate an aggressive war the Congress would be entitled to pass judgment on the decision and either branch could exercise a "veto" by refusing to approve a declaration of war.
www.fed-soc.org /Publications/Terrorism/warpowers.htm   (8240 words)

  
 The War Powers Act of 1973   (Site not responding. Last check: )
Such a joint resolution or bill passed by one House shall be referred to the committee of the other House named in subsection (a) and shall be reported out not later than fourteen calendar days before the expiration of the sixty-day period specified in section 5(b).
Any concurrent resolution so reported shall become the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents), and shall be voted on within three calendar days thereafter, unless such House shall otherwise determine by yeas and nays.
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.cs.indiana.edu /statecraft/warpow.html   (916 words)

  
 A Presidential Strategy for Repealing the War Powers Resolution
The War Powers Resolution is based on the assumption, counter to constitutional text and U.S. tradition, that the President may not use force without congressional approval unless the country is under attack.
Far from reflecting the Constitution, then, the War Powers Resolution purports precisely to define terms that are inherently ambiguous, and for that reason, left by the Founders to the discretion of the political branches to apply in cases as they arise Asserting One Branch Supremacy.
The ultimate war power is the power to fund or not to defund I SUPREME COURT CASES To the degree that the courts have become involved in determining the extent of each branchs war power, they mainly have acknowledged that the President has the pre-eminent role.
www.heritage.org /Research/NationalSecurity/bg701.cfm   (5357 words)

  
 War Powers Resolution: Presidential Compliance   (Site not responding. Last check: )
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.iwar.org.uk /news-archive/crs/7656.htm   (7677 words)

  
 [No title]
The WPR was passed in the wake of the Vietnam war in an effort to insure that no President acting alone could drag the United States into a war.
The responsible and effective exercise of the war powers requires the fullest cooperation between the Congress and the Executive and the prudent fulfillment by each branch of its constitutional responsibilities.
To the extent Congress is attempting to safeguard its power "to declare War," the scope of the reporting requirement is clearly excessive.
www.lycos.com /info/war-powers-resolution--continental-congress.html   (709 words)

  
 The War Powers Resolution
The president on the other hand was assigned the powers of cornmander-in-chief of the Army and Navy; the appointment of ambassadors, the appointment of judges and other public officials; the veto of congressional legislation; and the power to convene the Congress in special session.
Even in the case of Vietnam, the SEATO treaty was approved by the Senate 82 to 1 in 1955, and the Gulf of Tonkin Resolution was passed in 1964 in the Senate by a vote of 88 to 2, and in the House of Representatives by a vote of 414 to 0.
Congress is given the power to declare war and to raise an army and navy.
www.ford.utexas.edu /library/speeches/780220.htm   (4120 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.
Congress invoked the War Powers Resolution in the Multinational Force in Lebanon Resolution (P.L. 98-119), which authorized the Marines to remain in Lebanon for 18 months.
en.wikipedia.org /wiki/War_Powers_Resolution   (719 words)

  
 War Powers Resolution of 1973 ¤¤¤, Korematsu v. United States, Landmark Supreme Court Cases
War Powers Resolution of 1973 ¤¤¤;, Korematsu v.
Concerning the war powers of Congress and the President.
This joint resolution may be cited as the "War Powers Resolution".
www.landmarkcases.org /korematsu/warpowers1973.html   (371 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.
Congress has always had the power to impose its will on the President by using its spending power to enact a law to limit presidential action, but a spending law would be subject to presidential veto.
www.heritage.org /Research/NationalSecurity/hl529.cfm   (3838 words)

  
 Get the US Out of the UN - NOW! » 81050: War Powers Resolution: Presidential Compliance
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.
War powers questions have generally not been raised about U.S. armed forces dispatched for humanitarian aid in peaceful situations, such as 8,000 marines and sailors sent to Bangladesh on May 12, 1991, to provide disaster relief after a cyclone.
www.getusout.net /81050-war-powers-resolution-presidential-compliance   (7725 words)

  
 Constitution Project: War Powers Initiative
It is against this backdrop that the War Powers Initiative seeks to provide guidance on how the U.S. should constitutionally and prudently make the decision to introduce America's armed forces into hostilities.
The Constitution provides for war powers to be divided between the legislative and executive branches.
The 1973 congressional War Powers Resolution was intended to clarify matters and ensure that Congress and the President share in the decision-making process in the event of armed conflict.
www.constitutionproject.org /warpowers/index.cfm?categoryId=1   (430 words)

  
 The War Powers Resolution: After Thirty Years
Section 1 establishes the title, "The War Powers Resolution." The law is frequently referred to as the "War Powers Act," the title of the measure passed by the Senate.
On October 20, 1983, the Senate voted to amend the War Powers Resolution by substituting a joint resolution, which requires presentment to the President, for the concurrent resolution in section 5(c), and providing that it would be handled under the expedited procedures in section 7.
In his view, the strength and wisdom of the War Powers Resolution was that it established a process by which Congress could authorize the use of force in specific settings for limited purposes, short of a total state of war.
www.fas.org /man/crs/RL32267.html   (17089 words)

  
 Dwelling » War Powers Resolution   (Site not responding. Last check: )
One answer is that formal declarations of war are a relic of the Eighteenth Century.
The Resolution was enacted in response to the perception that U.S. military involvement in Vietnam escalated without proper Congressional approval.
Despite the Resolution’s passage, the very same factors that made Congress reluctant to oppose Presidential warmaking before the adoption of the War Powers Resolution continue to operate.
www.bad-seed.org /dwelling/2002/08/war-powers-resolution   (983 words)

  
 CR:WAR POWERS RESOLUTION
Any effort on our part to enter a civil war in a country 5,000 miles away for the purpose of guaranteeing autonomy and/or a separate state against the avowed objections of the leaders of that country involved, that is Yugoslavia, can and will lead to a long-term serious problem for us.
It could be argued that this resulted from a confused understanding of the War Powers Resolution but more likely it's the result of the growing imperial Presidency that has developed with our presidents assuming power, not legally theirs, and Congress doing nothing about it.
Power has been gravitating into the hands of our presidents throughout this century, both in domestic and foreign affairs.
www.house.gov /paul/congrec/congrec99/cr031799.htm   (1213 words)

  
 Congress Grants Bush War Powers Against Iraq
Democrats were split, with 29 voting for the resolution and 21 against it.
But a number of Democrats said the resolution set a dangerous precedent for unilateral pre-emptive strikes, that Bush had not made a case that Iraq posed an imminent threat, and that conflict in Iraq would detract from efforts to root out terrorist groups they said posed a greater threat.
France, which is leading criticism of a U.S.-drafted measure that was circulated informally, stands to benefit from a public meeting, where ambassadors may speak against any unilateral American military strike and in favor of giving weapons inspectors an opportunity to do their work first.
www.rense.com /general30/grant.htm   (739 words)

  
 Kosovo: War Powers Resolution
The War Powers Resolution is supposed to resolve this conflict.
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, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations.
The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to:
www.citizensoldier.org /warpowers.html   (803 words)

  
 [No title]
Several Presidents have voiced the view that the Resolution is invalid insofar as it purports to limit a power given to the Commander in Chief by the Constitution.
Executive-Congressional relations, including the war powers, the international agreement powers, and the question of Executive privilege, and then submit its recommendations to the President and the Congress.
The members of such a commission could be drawn from both parties-and could represent many perspectives including those of the Congress, the executive branch, the legal profession, and the academic community.
www.lycos.com /info/war-powers-resolution--president.html   (201 words)

  
 Joint Resolution to Authorize the Use of United States Armed Forces Against Iraq
This joint resolution may be cited as the "Authorization for the Use of Military Force Against Iraq".
(2) acting pursuant to this resolution is consistent with the United States and other countries continuing to take the necessary actions against international terrorists and terrorist organizations, including those nations, organizations or persons who planned, authorized, committed or aided the terrorists attacks that occurred on September 11, 2001.
-- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.
www.whitehouse.gov /news/releases/2002/10/20021002-2.html   (860 words)

  
 War Powers Act - Wikipedia, the free encyclopedia
For the resolution regarding the authority of the Congress and President to initiate war, see War Powers Act of 1973.
Legislation contained within the International Emergency Economic Powers Act (IEEPA) of 1977 (50 U.S.C. 1701–1706) modified the Trading with the Enemy Act such that it only applies during times of declared war, having originally also applied during any time of national emergency.
The IEEPA gives the President limited powers to control trade with foreign entities during times of declared "national emergencies", subject to Congressional regulation under the National Emergencies Act (50 U.S.C. The provisions of the newer IEEPA only take effect when the United States is under a state of emergency.
en.wikipedia.org /wiki/War_Powers_Act   (300 words)

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