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War Powers Resolution

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10 views2 pages

War Powers Resolution

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War Powers Resolution

Joint Resolution

Concerning the War Powers of Congress and the President.

Resolved by the Senate and the House of Representatives of the United States of America
in Congress assembled,

SHORT TITLE

SECTION 1. This joint resolution may be cited as the "War Powers Resolution".

PURPOSE AND POLICY

SEC. 2. (a) It is the purpose of this joint resolution to fulfill the intent of the framers of the
Constitution of the United States and insure that the collective judgement of both the Congress
and the President will apply to the introduction of United States Armed Forces into hostilities, or
into situations where imminent involvement in hostilities is clearly indicated by the circumstances,
and to the continued use of such forces in hostilities or in such situations.

(b) 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, or in any department or officer thereof.

(c) 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.

CONSULTATION

SEC. 3. The President in every possible instance shall consult with Congress before
introducing United States Armed Forces into hostilities or into situation 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

SEC. 4. (a) 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; 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.

(b) The President shall provide such other information as the Congress may request in the
fulfillment of its constitutional responsibilities with respect to committing the Nation to war and to
the use of United States Armed Forces abroad

(c) Whenever United States Armed Forces are introduced into hostilities or into any situation
described in subsection (a) of this section, the President shall, so long as such armed forces
continue to be engaged in such hostilities or situation, report to the Congress periodically on the
status of such hostilities or situation as well as on the scope and duration of such hostilities or
situation, but in no event shall he report to the Congress less often than once every six months.

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