The War Powers Act of 1973 limits the president’s power to send US troops into combat without congressional approval. It was passed following conflicts in Korea and Vietnam and requires the president to notify Congress of any military action and withdraw troops after 60 days. The act has severely limited the presidential power to wage war since its passage.
The War Powers Act of 1973 is a piece of legislation passed by the United States Congress that limits the powers of the president regarding his ability to send US troops into combat. Officially designated the War Powers Resolution of 1973, the law was incorporated into Title 50 of the United States Code. It was taken into consideration by the legislator as a common resolution. After passing both the House of Representatives and the Senate, it was vetoed by the president. In a rare event, Congress successfully overrode the veto, signing the resolution into law on November 7, 1973.
According to the US Constitution, the president is the commander-in-chief. This means that he is responsible for repelling attacks on the country and leading the armed forces into battle. Congress has the ability to declare war, establish the military, and control funding for the military. By dividing powers between the two branches, it prevents abuses of power and ensures that actions taken by the Armed Forces are in the best interest of the nation. The War Power Act is designed to place further limitations on the executive branch, forcing it to retain this constitutional authority.
The content of the War Powers Act establishes the exact parameters by which the president can activate the military when protecting American interests. Without congressional approval, the president is only allowed to send troops overseas if the United States is under attack or faces a serious threat. Furthermore, the President must notify Congress of any military action within 48 hours. Troops can only stay in combat for 60 days before withdrawing. Withdrawal must be completed within 30 days.
Congress was forced to pass the War Powers Act following the protracted conflicts in both Korea and Vietnam. After World War II, the United States found itself entrenched in the Cold War with Communist nations. In an effort to avoid escalating the conflict into outright war, the president chose to avoid declaring war on either country. Instead, the US launched police actions that continued for years. Despite mandates in the Constitution, Congress found itself with very little control over conflicts. Notably, the action in Vietnam lasted nearly two decades and left 58,159 soldiers dead, spurring strong public condemnation at home.
Since his passage, the presidential power to wage war has been severely limited. To activate the military on foreign soil, the President was forced to obtain authorization from Congress to engage in combat operations. None of these situations, however, was officially declared war. On one occasion, the House of Representatives enacted the War Powers Act to influence the withdrawal of US combat troops from a conflict. President Bill Clinton was forced to withdraw his army from Somalia in early 1994 following the Battle of Mogadishu, in which 19 soldiers were killed.
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