War Powers Resolution

Purpose and Policy. It is the purpose of this chapter to… insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities… Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States… The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities… are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States…

War Powers Resolution (Pub.L. 93-148, Nov. 7, 1973, 87 Stat. 555.), 50 U.S.C.A. § 1541

Consultation. The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities…

War Powers Resolution, 50 U.S.C.A. § 1542

Reporting. In the absence of a declaration of war, in any case in which United States Armed Forces are introduced–

(1) into hostilities…;

(2) into the territory, airspace or waters of a foreign nation…; or

(3) in numbers which substantially enlarge United States Armed Forces equipped for combat already located in a foreign nation;

the President shall submit within 48 hours to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth–

(A) the circumstances necessitating the introduction of United States Armed Forces;
(B) the constitutional and legislative authority under which such introduction took place; and
(C) the estimated scope and duration of the hostilities or involvement.

War Powers Resolution, 50 U.S. Code § 1543(a)

Congressional Action. Each report submitted… shall be referred to the Committee on Foreign Affairs of the House of Representatives and to the Committee on Foreign Relations of the Senate for appropriate action…. Within sixty calendar days after a report is submitted… the President shall terminate any use of United States Armed Forces… unless the Congress (1) has declared war or has enacted a specific authorization for such use of United States Armed Forces, (2) has extended by law such sixty-day period, or (3) is physically unable to meet as a result of an armed attack upon the United States. Such sixty-day period shall be extended for not more than an additional thirty days if the President determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces. … [A]t any time that United States Armed Forces are engaged in hostilities outside the territory of the United States, its possessions and territories without a declaration of war or specific statutory authorization, such forces shall be removed by the President if the Congress so directs by concurrent resolution.

War Powers Resolution, 50 U.S. Code § 1544

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