War Powers Resolution (1973)

1) Link to the Text of the Act
Read the statute (50 U.S.C. § 1541 et seq.)

2) Why It Was Done
Passed over President Nixon’s veto, the Resolution sought to reassert congressional authority over decisions to commit U.S. forces to hostilities, following the Vietnam War and decades of expanding presidential war powers.

3) Pre-existing Law or Constitutional Rights
The U.S. Constitution divides war powers between Congress (declare war, raise armies) and the President (Commander-in-Chief). Presidents increasingly bypassed Congress with military actions, leading to this legislative check.

4) Overreach or Proper Role?
Supporters argue it restores balance and accountability. Critics (especially presidents) claim it unconstitutionally restricts the Commander-in-Chief’s authority. Most presidents have treated it as advisory rather than binding.

5) Who or What It Controls

• President (must notify Congress within 48 hours of deploying armed forces)
• Congress (must authorize combat operations beyond 60–90 days)
• Military operations not formally declared wars

6) Key Sections / Citations

• 50 U.S.C. § 1541 (purpose and policy)
• 50 U.S.C. § 1542 (presidential reporting requirement)
• 50 U.S.C. § 1544 (time limits on use of armed forces)

7) Recent Changes or Live Controversies

• Rarely followed in practice; presidents often argue it infringes on constitutional authority
• Invoked in debates over U.S. military actions in Kosovo, Iraq, Libya, Syria, and Yemen
• Ongoing efforts in Congress to modernize or replace the Resolution

8) Official Sources

• U.S. Code – Title 50, Chapter 33
• Congressional Research Service – War Powers Resolution Overview

• Military
• President
• Congress
• War Powers
• Separation of Powers