War Powers Act

The War Powers Resolution, generally known as the War Powers Act, was passed by Congress in 1973 over President Nixon’s veto. The purpose of the act is to constrain presidential powers in involving American military troops in foreign interventions. This act was a direct consequence of the Vietnam War.

The resolution stated that the president as commander in chief could only introduce and engage U. S. troops in hostilities following a declaration of war, specific statutory authorization, or an attack upon U. S. territory or against its armed forces. The resolution also required that after U. S. forces were involved, it was the president’s responsibility to consult regularly with Congress throughout the duration of the forces’ involvement. The resolution required congressional oversight by setting goals and deadlines for military “policing” actions. After U. S. armed force involvement is approved, the commitment is limited to 60 days unless the Congress has declared war or has given special authorization for continued use of U. S. forces, or has extended by law the allotted 60-day period, or is physically unable to meet due to an attack on U. S. territory. The extension is limited to 30 days.

This resolution was a clear reaction following American intervention in Vietnam under the administrations of Eisenhower, Kennedy, Johnson, and Nixon. The Interpretation of Joint Resolution states, “Nothing in this joint resolution. . . shall be construed as granting any authority to the President with respect to the introduction of United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances which authority he would not have had in the absence of this joint resolution.”

After the enactment of this law, presidents have generally ignored the strict limits set by this legislation as shown in a number of military interventions ordered by the president. In December 1982 Congress, concerned with American support for the CONTRAS in Nicaragua, amended the War Powers Act through the Boland Amendment. Congressional opponents of President William J. Clinton’s military intervention in Kosovo attempted to invoke the War Powers Act, but to little avail.

—Leah Blakey