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War Powers Act

The War Powers Resolution of 1973: A Legislative History On November 7th, 1973, the 93rd Congress completed the final necessary steps to enact Public Law 93-148, the War Powers Resolution. Better known as the War Powers Act, Public Law 93-148 represents the culmination of four years of congressional attempts to ensure that the President can not engage in military conflict without the support of the legislature. While several issues are relevant in analyzing the passage of the War Powers Resolution, three factors, pervasive frustration with military intervention in Southeast Asia, congressional attempts to avoid blame, and the weakness of President Nixon politically, played crucial roles in Congress's formulation and passage of The Resolution. Moreover, in analyzing these factors, it becomes apparent that the War Powers Resolution represents a significant shift in the regime of war powers, from one of Presidential fiat to one of inter-governmental cooperation. Before looking at what factors influenced the final text of the War Powers Resolution, it is necessary to examine the political process that The Resolution went through on its path to becoming law. The War Powers Resolution (hereinafter referred to as "WPR") trace


For example, during conference debate, there was a dispute between Senators and House Representatives over the length of time that the President should be allowed to engage military forces without Congressional consent. 542 included a section that identified specific requirements for Presidential reporting to the congress. Additionally, portions of section four regarding reporting to the Congress carry the implication that Congress was not aware of troop deployments in Southeast Asia, and therefore could not block such deployments, thereby absolving Congress of blame. These concerns found legislative expression in the War Powers Resolution (Ford). It is clear that a primary motivation of Congress behind the war powers act was to show the public that Vietnam was not their fault, and that they were as upset as the average American at the way Presidents Johnson and Nixon prosecuted the conflict (Turner 2001). After being referred to the Senate Foreign Relations Committee, the various versions of war powers limitation proposed were consolidated into one measure, S. "The War Powers Resolution: Origins, History, Criticism and Reform. (a) Authority to introduce United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances shall not be inferred-- (1) from any provision of law (whether or not in effect before the date of the enactment of this joint resolution), including any provision contained in any appropriation Act, unless such provision specifically authorizes the introduction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of this joint resolution; or (2) from any treaty heretofore or hereafter ratified unless such treaty is implemented by legislation specifically authorizing the introduction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of this joint resolution. CONGRESSIONAL PRIORITY PROCEDURES FOR JOINT RESOLUTION OR BILLSEC. If, when the report is transmitted, the Congress has adjourned sine die or has adjourned for any period in excess of three calendar days, the Speaker of the House of Representatives and the President pro tempore of the Senate, if they deem it advisable (or if petitioned by at least 30 percent of the membership of their respective Houses) shall jointly request the President to convene Congress in order that it may consider the report and take appropriate action pursuant to this section. It is apparent from Nixon's veto message that he saw right through this attempt at stripping his power.

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