The War Powers Act Increasing Congressional Assertiveness Gulf

The War Powers Act • Increasing Congressional Assertiveness – Gulf of Tonkin Resolution based on incorrect info – 1969, Nat’l Commitments Resolution • President consulting Congress prior to armed involvement overseas – 1971, repeal of the Tonkin Resolution – 1970, The Cooper-Church Amendment (Supplementary Foreign Assistance Act) • Limiting air operations

The War Powers Act (WPA) • WPA = no more blank check • Requires President to: – In every possible instance, consult Congress before involving forces into hostilities or situations of imminent hostilities – To inform Congress within 48 hours regarding troop deployment in 3 types of situations when: • troops sent zones of hostilities • troops sent to a region of imminent hostilities • combat-ready troops sent in a foreign country

The War Powers Act (WPA) • WPA = no more blank check • Requires President to: – In every possible instance, consult Congress before involving forces into hostilities or situations of imminent hostilities – To inform Congress within 48 hours regarding troop deployment in 3 types of situations when: • troops sent zones of hostilities or regions of imminent hostilities • Combat-ready troops sent to a foreign country

The War Powers Act (WPA) • Requires President to: – To inform Congress within 48 hours regarding troop deployment in 3 types of situations when: • Deployed troops substantially enlarge the existing combat-ready troops in a foreign country – 60 -day clock ticking if situation one • “hostilities” being the key word • Congressional approval required to extend the 60 -day stay • Concurrent resolution

The War Powers Act (WPA) • Requires President to: • 30 -day extension – Congress allow 30 days for safe exit of forces • Concurrent resolution – Simple majority vote in both houses to force withdrawal of forces from a region at any time without President’s signature or veto – Invalidated by Supreme Court, 1983