War Powers Resolution of 1973

Background of War Powers Resolution

  • The war-making process was originally designed as a bilateral process involving both the President and Congress.

    • Congress has the power to declare and finance war.
    • The President serves as Commander in Chief.
  • Over time, this process became increasingly unilateral, with the President taking more control.

  • Presidents have used an aggressive interpretation of their role as Commander in Chief to justify military actions without Congressional approval.

Commander in Chief Powers

  • The President can commit US forces to protect the country when it's under attack without needing Congressional approval.

  • Scenarios that fall into shades of grey include:

    • American citizens kidnapped by a terrorist group in another country.

      • The President must decide whether to authorize a rescue attempt involving military action without Congressional approval if American lives are directly threatened.
    • North Korea launching missiles at South Korea.

      • The President has to determine whether to send US forces to the Korean Peninsula to protect an ally without Congressional approval, considering treaties that state an attack on an ally is an attack on the US.

Vietnam War

  • The Vietnam War represents the high point of unilateral war-making.

  • The United States was militarily involved in Southeast Asia for eight years before Congress officially got involved by passing the Gulf of Tonkin Resolution.

War Powers Resolution of 1973

  • The backdrop was the unpopular Vietnam War led by an unpopular President, Richard Nixon.

  • Nixon had promised to end the war but instead escalated it.

  • The Watergate scandal further fueled public outrage, creating a sense that presidential power had gone too far.

  • With Nixon weakened, Congress stepped in to address these concerns with the War Powers Resolution of 1973.