The War Powers Act of 1973

Paper Summary:

This paper discusses how the War Powers Act of 1973 aimed to define specifically and clearly the processes and steps in waging war. This Act required two factors before the declaration or during the continuance of warfare; the consent of Congress and of the President. The paper describes the collective judgment of both the Congress and the President in declaring war or involving the United States' Army in any hostilities. The paper discusses how U.S. Presidents have invoked the War Powers Act in the past, declaring military action without informing Congress. The paper discusses how the War Powers Act was again in the limelight after the 9-11 incidents.

From the Paper:

"Several times throughout history, the war powers of the President have been put in question. "In Ex Parte Milligan, the Court found unconstitutional Lincoln's order authorizing trial by a military tribunal of Lambdin P. Milligan, an Indiana lawyer accused of stirring up support for the Confederacy. The Court ruled that civilians must be tried in civilian courts, even during time of war, as long at least as the civilian courts are open and operating. The Court also found the President lacked authority to declare martial law in Indiana. (Linder 2006)""

Sample of Sources Used:

• Borosage, Bob. "A 'Splendid Little War' Collides With the War Powers Act." On Point. 23 May 1999. Our Future. 31 May 2006. <http://www.ourfuture.org/onmessage/borosage/before_ 2002/5_23_99.cfm>.
• Jenner, Albert E. "Fixing the War Powers Act." Research - National Security. 22 May 1995. The Heritage Foundation - Policy Research and Analysis. 31 May 2006. <http://www.heritage. org/Research/NationalSecurity/hl529.cfm>.
• Linder, Doug. "War and Treaty Powers - The issue: How have the war and treaty powers in the Constitution been interpreted?" Exploring Constitutional Law. 2006. 31 May 2006. <http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/warandtreaty.htm>.
• Turner, Robert F. "The War Powers Resolution: An Unnecessary, Unconstitutional Source of 'Friendly Fire' in the War Against International Terrorism?" National Security White Papers. 2003. The Federalist Party for Law and Public Policy Studies. 31 May 2006. <http://www.fed-soc.org/Publications/Terrorism/warpowers.htm>.
• Yoo, John C. "The President's Constitutional Authority to Conduct Military Operations." Memorandum Opinion for the Deputy Counsel to the President. 25 Sept. 2001. Office of the Legal Counsel. 31 May 2006. <http://www.usdoj.gov/olc/warpowers925.htm>.

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