The War Powers Resolution: Is It Time for a New Approach?

The 1973 War Powers Resolutions purpose was to ensure Congress shared responsibility and accountability with the President in determining when to use the United States Armed Forces in hostilities. Unfortunately, the Resolution has not fulfilled the expectations of its sponsors and has served to divide American public opinion whenever a President has contemplated employing military forces in a crisis situation. Undermining the War Powers Resolution are the debates on whether the Resolution improperly intrudes on the Presidents Constitutional Commander-in-Chief powers and what constitutes proper consultation, and the constitutionality of the presidential reporting requirements and the mechanisms by which Congress can react to presidential initiatives. Presidents have not embraced the War Powers Resolution and Congress has failed to consistently demand Presidential compliance with its provisions. Congress and the President must devise a new legislative compact that provides a framework for legislative and executive action in crisis situations. This compact would permit the President to act in specific instances without prior Congressional approval, establish a formal consultation mechanism between the President and Congress both before and during a crisis, establish reporting requirements as a means to inform Congress, and require Congressional action to either support or request termination of the military action as soon as practicable.