The War Powers Act is at best a resolution stating the sense of Congress, an explicit warning that flouting it will lead to the legislative consequences you describe: defunding or impeachment.
But the Congress of which it describes the sense was a Congress of half a century ago. If they want to pass such a resolution today, let them — but if they aren’t willing to follow through with it, they’ll just look weak.
Exactly. Obama pretty well gutted it, and the precedent he established (airstrikes do not rise to the level of "hostilities", which his counsel said required ground troops) certainly applies to Iran. But the bottom line is as stated.
The War Powers Act was always just a way for the Democrats in Congress who all voted for the Vietnam War with exception of Senator Wayne Morse of Oregon, to cover their rear ends and shift blame to Richard Nixon who was trying to clean up the mess they left behind. It was the Kennedy and Johnson administrations who did not take decisive action early on against the Communists in Vietnam. It was the Democrats in Congress who launched, micromanaged, bungled, and morally squandered the war. It was under Democratic administrations that the worst mistakes that led to America’s defeat in Vietnam occurred. Kennedy was the one who had Ngo Dinh Diem and his brother Nhu overthrown and unbeknownst to him, assassinated and refused to let U.S. troops go into Laos and cut the Ho Chi Minh Trail. LBJ was the one who rejected options that would have allowed the South Vietnamese to continue the war without a massive infusion of U.S. troops but turned them down because of bad intelligence and did half-a**** bombing campaigns he wouldn’t fully commit to.
It was also the Kennedy and Johnson administrations who lied to the American public about Vietnam and failed to clearly articulate our goals for the Vietnam War were. Richard Nixon was elected in 1968 and came in to the White House to try and salvage the Vietnam War. He achieved a number of American military successes, turned the war over to the South Vietnamese, pulled U.S. troops out and brought them home while still providing aid to the South Vietnamese, and successfully negotiated the Paris Accords in 1973 with North Vietnam which got them to recognize South Vietnam and promised to resume bombing if the North broke the accords.
The Democrats in Congress wanted to handicap Nixon and stick it to him and the Republicans as revenge for him coming in and making work what they couldn’t. The War Powers Act of 1973 is unconstitutional and unworkable. Congress can stop the President during the commencement of a war. But the War Powers Act has no ability to do that. Congress can declare war, fund war and limit, condition or prohibit certain military actions. If necessary, it can impeach a rogue President. But if Congress wants to do any of these things, it must affirmatively act such as by passing a law then presenting it to the President. He can then veto it if he chooses. If they get a two-thirds majority vote they can override it. Instead this whole process is subverted, and Congress gets to veto whatever the President does militarily. No vote, no laws passed, no nothing.
The act requires that the President notify Congress within 48 hours about the war. That’s fine. But it’s the second part that is the problem. Congress gives the President 60 days to finish the war up unless they grant him an extension. He may receive an additional 30 days to safely withdraw U.S. troops. This is total nonsense! The President throughout history has always fought both declared and undeclared wars he thought necessary. It asserts Confessional supremacy over the President which is nowhere in the Constitution. If the President believes a war needs to continue, the War Powers Resolution can’t stop him. Congress can, but they have to pass a law to that effect. Also, look at how past Presidents from both parties have used the act. They’ve kept Congress informed but that was it. They continued the wars as long as they felt necessary. You may disagree with a war but only Congress itself can stop it.
The War Powers Act is at best a resolution stating the sense of Congress, an explicit warning that flouting it will lead to the legislative consequences you describe: defunding or impeachment.
But the Congress of which it describes the sense was a Congress of half a century ago. If they want to pass such a resolution today, let them — but if they aren’t willing to follow through with it, they’ll just look weak.
Exactly. Obama pretty well gutted it, and the precedent he established (airstrikes do not rise to the level of "hostilities", which his counsel said required ground troops) certainly applies to Iran. But the bottom line is as stated.
"The War Powers Act is not one of them."
Given NO President has liked it, I am surprised he USSC has not ruled on it.
The right case hasn't presented itself, standing is difficult, and it probably falls under political question doctrine anyway.
The War Powers Act was always just a way for the Democrats in Congress who all voted for the Vietnam War with exception of Senator Wayne Morse of Oregon, to cover their rear ends and shift blame to Richard Nixon who was trying to clean up the mess they left behind. It was the Kennedy and Johnson administrations who did not take decisive action early on against the Communists in Vietnam. It was the Democrats in Congress who launched, micromanaged, bungled, and morally squandered the war. It was under Democratic administrations that the worst mistakes that led to America’s defeat in Vietnam occurred. Kennedy was the one who had Ngo Dinh Diem and his brother Nhu overthrown and unbeknownst to him, assassinated and refused to let U.S. troops go into Laos and cut the Ho Chi Minh Trail. LBJ was the one who rejected options that would have allowed the South Vietnamese to continue the war without a massive infusion of U.S. troops but turned them down because of bad intelligence and did half-a**** bombing campaigns he wouldn’t fully commit to.
It was also the Kennedy and Johnson administrations who lied to the American public about Vietnam and failed to clearly articulate our goals for the Vietnam War were. Richard Nixon was elected in 1968 and came in to the White House to try and salvage the Vietnam War. He achieved a number of American military successes, turned the war over to the South Vietnamese, pulled U.S. troops out and brought them home while still providing aid to the South Vietnamese, and successfully negotiated the Paris Accords in 1973 with North Vietnam which got them to recognize South Vietnam and promised to resume bombing if the North broke the accords.
The Democrats in Congress wanted to handicap Nixon and stick it to him and the Republicans as revenge for him coming in and making work what they couldn’t. The War Powers Act of 1973 is unconstitutional and unworkable. Congress can stop the President during the commencement of a war. But the War Powers Act has no ability to do that. Congress can declare war, fund war and limit, condition or prohibit certain military actions. If necessary, it can impeach a rogue President. But if Congress wants to do any of these things, it must affirmatively act such as by passing a law then presenting it to the President. He can then veto it if he chooses. If they get a two-thirds majority vote they can override it. Instead this whole process is subverted, and Congress gets to veto whatever the President does militarily. No vote, no laws passed, no nothing.
The act requires that the President notify Congress within 48 hours about the war. That’s fine. But it’s the second part that is the problem. Congress gives the President 60 days to finish the war up unless they grant him an extension. He may receive an additional 30 days to safely withdraw U.S. troops. This is total nonsense! The President throughout history has always fought both declared and undeclared wars he thought necessary. It asserts Confessional supremacy over the President which is nowhere in the Constitution. If the President believes a war needs to continue, the War Powers Resolution can’t stop him. Congress can, but they have to pass a law to that effect. Also, look at how past Presidents from both parties have used the act. They’ve kept Congress informed but that was it. They continued the wars as long as they felt necessary. You may disagree with a war but only Congress itself can stop it.