The Pros And Cons Of The War Powers Resolution

Since its enactment in 1973, The War Powers Resolution has been a point of tension between the executive and legislative branches. It is a resolution that prompts the commander in chief to exercise his war powers “only pursuant to a declaration of war, specific statutory authorization from Congress, or a national emergency created by an attack upon the United States.” It places a set of requirements on the president for the introduction of armed forces into hostilities, including a forty-eight hour period for the notification of congress, and a sixty day period for withdrawal of troops in the absence of a war declaration, with an additional thirty days for the safe removal of troops. It also requires the president to consult with congress when

The constitution is quite vague and often needs defining. The War Powers act, while primarily insuring collective judgment, also provides a necessary definition for the war powers. The war powers are split between the two, and the only provision directly concerning the matter in Article II of the Constitution is that the president is the commander in chief of the armed forces. What does that entail? If the president could just freely use the troops with no respect for congressional authority, he would never find the need to seek a congressional war declaration, which would be entirely to his advantage and allow him to act unilaterally, which is definitely not how our framers intended our government to work. As James Madison put it in Federalist No.51, “Ambition must be made to counteract ambition.” The branches were intended to check each other lest they become too powerful. If the president claimed supreme war power as commander in chief, he could essentially go to war without a war declaration, as has historically been the case. James K. Polk, for example, acted out of the ambition to acquire new territory and used his commander in chief entitlement to instigate the Mexican American war by stationing troops on the border. The War Powers Resolution hinders “imperial presidents taking America to war… without public approval or the constitutionally required legislative sanction.” In another case: “Despite assurances to the American public that Cambodia's neutrality was being respected, it was discovered that secret bombing raids on North Vietnamese forces in Cambodia had taken place since March of 1969; this caused the public to question trust of the government.” (American Pageant) This is far from what was intended by the framers. In the declaration it says, “Governments are instituted among men, deriving their just powers from the