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Home / Topics / Vietnam War / War Powers Act

Table of Contents The War Powers Act is a congressional

resolution designed to limit the U.S.

president’s ability to initiate or escalate

military actions abroad. Among other

restrictions, the law requires that

presidents notify Congress after deploying

the armed forces and limits how long units

can remain engaged without

War Powers Act

BY: HISTORY.COM EDITORS

UPDATED: JULY 27, 2023 | ORIGINAL: NOVEMBER 30, 2017

What Is the War Powers

Act?

Origins of the War Powers

Act

Presidential Challenges

Is the War Powers Act

Effective?

Sources

What Is the War Powers Act? The War Powers Act—officially called the War Powers Resolution—was enacted

in November 1973 over an executive veto by President Richard M. Nixon.

The law’s text frames it as a means of guaranteeing that “the collective

judgment of both the Congress and the President will apply” whenever the

American armed forces are deployed overseas. To that end, it requires the

President to consult with the legislature “in every possible instance” before

committing troops to war.

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congressional approval. Enacted in 1973

with the goal of avoiding another lengthy

conflict such as the Vietnam War, its

effectiveness has been repeatedly

questioned throughout its history, and

several presidents have been accused of

failing to comply with its regulations.

The resolution also sets down reporting requirements for the chief executive,

including the responsibility to notify Congress within 48 hours whenever

military forces are introduced “into hostilities or into situations where

imminent involvement in hostilities is clearly indicated by the circumstances.”

Additionally, the law stipulates that Presidents are required to end foreign

military actions after 60 days unless Congress provides a declaration of war or

an authorization for the operation to continue.

Origins of the War Powers Act In the U.S. Constitution, the power to make war is shared by the executive and

legislative branches. As commander-in-chief of the military, the president is

charged with directing the armed forces. Congress, meanwhile, is vested with

the power “to declare war” and “raise and support armies.”

These provisions were traditionally interpreted to mean that Congress had to

approve American involvement in overseas wars. By the 1970s, however, many

lawmakers had grown wary of presidents deploying the armed forces abroad

without first consulting Congress.

President Harry S. Truman had committed U.S. troops to the Korean War as

part of a United Nations “police action,” and Presidents Kennedy, Johnson and

Nixon had overseen the long and controversial undeclared conflict during the

Vietnam War.

Legislative efforts to reign in presidential war powers coalesced during the

Nixon administration. Disturbed by revelations about the Vietnam conflict—

including news that Nixon had been conducting a secret bombing campaign in

Cambodia—the House and Senate crafted the War Powers Act as a means of

reasserting Congressional authority over foreign wars.

Presidential Challenges President Nixon was an early critic of the War Powers Act, and he vetoed the

law on the grounds that it was an “unconstitutional and dangerous” check on

his duties as commander-in-chief of the military.

In a message accompanying his veto, Nixon argued that the resolution “would

attempt to take away, by a mere legislative act, authorities which the President

has properly exercised under the Constitution for almost 200 years.”

Congress overrode Nixon’s veto, but he wasn’t the last chief executive to bristle

at the restrictions of the War Powers Act. Since the 1970s, every sitting

president has either sidestepped some of the law’s provisions or labeled it

unconstitutional.

One of the first major challenges to the War Powers Act came in 1981, when

President Ronald Reagan deployed military personnel to El Salvador without

consulting or submitting a report to Congress. In 1999, President Bill Clinton

continued a bombing campaign in Kosovo beyond the 60-day time limit cited in

the law.

A more recent War Powers Act dispute arose in 2011, when President Barack

Obama initiated a military action in Libya without congressional authorization.

Members of Congress have occasionally objected to the executive branch’s

disregard for the War Powers Act, but attempts to take the issue to court have

been unsuccessful. In 2000, for example, the Supreme Court refused to hear a

case on whether the law had been violated during military operations in

Yugoslavia.

Is the War Powers Act Effective? Ever since its passage in 1973, politicians have been divided on the War Powers

Act’s effectiveness. Supporters of the resolution maintain that it is a much-

needed check on the president’s ability to make war without Congressional

approval.

Critics, meanwhile, argue the law has failed to create better coordination

between the executive and legislative branches. Some believe the law is too

restrictive on the president’s ability to respond to foreign emergencies, while

others contend that it gives the president free reign to commit troops

overseas.

Most experts tend to agree that the War Powers Act has rarely worked as

intended. According to one study by the Congressional Research Service,

presidents have traditionally avoided citing certain provisions of the resolution

whenever they submit reports to Congress. As a result, the 60-day time limits

of the law have rarely been triggered, and it has never been used to bring an

end to a foreign military operation.

Because of the War Powers Act’s contentious history, there have occasionally

been calls for the resolution to be repealed or amended. One notable attempt

came in 1995, when the U.S. House of Representatives voted on an

amendment that would have repealed many of the Act’s main components.

The measure was narrowly defeated by a vote of 217-204.

Sources War Powers Resolution. The Cornell Law School Legal Information Institute.

War Powers. The Law Library of Congress.

War Powers Resolution Revisited: Historic Accomplishment or Surrender?

William and Mary Law Review.

War Powers Resolution: Presidential Compliance. Congressional Research

Service.

The War Powers Resolution: Concepts and Practice. Congressional Research

Service.

BY: HISTORY.COM EDITORS

HISTORY.com works with a wide range of writers and editors to create

accurate and informative content. All articles are regularly reviewed and

updated by the HISTORY.com team. Articles with the “HISTORY.com

Editors” byline have been written or edited by the HISTORY.com editors,

including Amanda Onion, Missy Sullivan, Matt Mullen and Christian

Zapata.

Citation Information

Article Title War Powers Act

Author History.com Editors

Website Name HISTORY

URL https://www.history.com/topics/vietnam-war/war-powers-act

Date Accessed January 17, 2025

Publisher A&E Television Networks

Last Updated July 27, 2023

Original Published Date November 30, 2017

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