Collective judgment: The central idea of the War Powers Act is to make sure that Congress and the president are on the same page. The law states its purpose this way: “to fulfill the intent of the framers of the Constitution of the United States and ensure that the collective judgment of both the Congress and the president will apply to the introduction of United States armed forces into hostilities.”
The president’s powers: The law also spells out how the president should use his powers: “The constitutional powers of the president as commander-in-chief to introduce United States armed forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, 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, its territories or possessions, or its armed forces.”
Going to Congress: The president must consult with Congress before and after engagement. “The president in every possible instance shall consult with Congress before introducing United States armed forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and after every such introduction shall consult regularly with the Congress until United States armed forces are no longer engaged in hostilities or have been removed from such situations.”
Reporting requirements: In another section, the law is specific about what sort of military action the president must report. “In the absence of a declaration of war, in any case in which United States armed forces are introduced—
(1) into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances;
(2) into the territory, airspace or waters of a foreign nation, while equipped for combat, except for deployments which relate solely to supply, replacement, repair, or training of such forces; or
(3) in numbers which substantially enlarge United States armed forces equipped for combat already located in a foreign nation.”Congress reviews the reports: Congressional committees then review the reports. "Each report so transmitted shall be referred to the Committee on Foreign Affairs of the House of Representatives and to the Committee on Foreign Relations of the Senate," according to the law.
If Congress has adjourned "for any period in excess of three calendar days, the speaker of the House of Representatives and the president pro tempore of the Senate, if they deem it advisable (or if petitioned by at least 30 percent of the membership of their respective houses) shall jointly request the president to convene Congress in order that it may consider the report and take appropriate action..."
The limit: Within 60 days, the military should be withdrawn, "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 60-day period, or (3) is physically unable to meet as a result of an armed attack upon the United States."
The two month period can be extended another 30 days if the president certifies "unavoidable military necessity" regarding the safety of the troops.
Legal sticking point: One part of the law requires a president to remove the military "engaged in hostilities outside the territory of the United States, its possessions and territories without a declaration of war or specific statutory authorization," if Congress directs by concurrent resolution.
Concurrent resolutions, basically legislative vetoes, "are not laws and are not presented to the president for signature or veto," notes the law library of the U.S. Library of Congress. As a result of a Supreme Court decision, that part of the law is constitutionally questionable.
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