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