War Powers Resolution

Commander in Chief Over the military President ultimate decision maker in military matters Only one who can order use of nuclear force

Power of the Sword Founding Fathers Intentions Historical Perspective President Owns Power of the Sword Why Congress has allowed this

War Powers Resolution President can only put troops in… –Congress has formally declared war –Congress has given specific authority (law or resolution) –National emergency/attack on the U.S.

War Powers Resolution President within 48 hours must report to Congress –Why it was necessary –By what constitutional/legislative authority –Establish scope and duration

War Powers Resolution Pres. Must remove troops w/in 60 days unless… –Congress has declared war or passed law or resolution authorizing it –Congress has extended 60 day period –Congress is physically unable to meet

War Powers Resolution Arguments against… –Unconstitutional –Undermines Foreign Policy Ability to act decisively/convincingly Ability to negotiate peace

Power of the Sword and the Bushes 1990 Resolution Post 9/11 Resolution 2002 Resolution

1990 Resolution Congress authorized force to remove Iraqi military forces from Kuwait Prior to using force president must try to resolve the conflict thru diplomatic & peaceful means

Post 9/11 Resolution Broad, sweeping authorization …to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorists attacks on 911. See Pg. 52 of C.T. Book for full text

2002 Resolution Congress authorized the president to use military force against Iraq Only if president thought that only war could protect the U.S. Use of force was consistent with the war on terrorism