Fixing the War Powers
JUDGE ADVOCATE GENERAL'S SCHOOL CHARLOTTESVILE VA
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The framers created a model for the war powers when they drafted the United States Constitution. The model has not been followed. The practice of presidents has largely replaced the text. Presidents have come to wield the bulk of the national war powers. The War Powers Resolution 1973 was Congresss first attempt to reassert its right to participate in war making. The War Powers Resolution failed. This thesis argues that the War Powers Resolution should be repealed and replaced with either a law or informal power sharing arrangement. In either case the effort must be cooperative or the replacement will fail also. This thesis builds a model for the war powers, based upon the intent of the framers. It then proposes this model as the proper basis for a remedy.
- Military Operations, Strategy and Tactics