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