Accession Number:

ADA440642

Title:

Fix the Law and Stop the War Powers Debate

Descriptive Note:

Corporate Author:

NATIONAL WAR COLL WASHINGTON DC

Personal Author(s):

Report Date:

1995-01-01

Pagination or Media Count:

16.0

Abstract:

Senator Sam Nunn, in his homespun, but unequivocal, manner, said, The War Powers Resolution is broke and should be fixed. In the 21 years since the resolution was enacted over President Nixons veto, neither the Executive nor the Legislative branches have been happy with the law, a law which was intended to encourage serious dialogue on warpeace issues between the branches of government. Why hasnt a law conceived for such an apparently noble purpose succeeded Several factors have led many to agree with Sen Nunn that the law should be changed, if not repealed outright Among the factors cited are presidential defiance, congressional irresolution, and judicial abstention. The President views the resolution as an unwarranted infringement on his constitutionally mandated role as Commander-in-Chief Congress, when offered the opportunity, has not developed the necessary consensus to directly challenge the President when it believes he has not fully complied with the law. Finally, the courts have consistently avoided taking sides on what has been viewed by the courts as a political question.

Subject Categories:

  • Government and Political Science
  • Sociology and Law

Distribution Statement:

APPROVED FOR PUBLIC RELEASE