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.

National Emergencies Act (NEA) (1976)

1) Link to the Text of the Act
Read the statute (50 U.S.C. § 1601 et seq.)

2) Why It Was Done
The NEA was enacted to limit presidential emergency powers by requiring declarations of national emergency to be formally proclaimed, published, and subject to congressional oversight and renewal.

3) Pre-existing Law or Constitutional Rights
Before 1976, hundreds of emergency statutes had been invoked without clear limits or sunset provisions. The Act was part of post-Watergate reforms to reassert congressional authority.

Authorization for Use of Military Force (AUMF) (2001 & 2002)

1) Link to the Text of the Acts

• 2001 AUMF – Pub. L. 107–40
• 2002 AUMF – Pub. L. 107–243

2) Why They Were Done

• 2001 AUMF: Passed after the September 11 attacks, authorizing the President to use force against nations, groups, or persons responsible for 9/11 or who harbored them.
• 2002 AUMF: Authorized force against Iraq to address Saddam Hussein’s regime and alleged weapons of mass destruction.

3) Pre-existing Law or Constitutional Rights
The Constitution divides war powers between Congress and the President. These AUMFs served as statutory substitutes for formal declarations of war, last used in WWII.