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War powers resolution (US law)

The War Powers Resolution (Public Law 93-148), is commonly called the War Powers Act, however there is an older law by this name.

The United States Senate and the House of Representatives achieved a 2/3rds majority to pass this joint resolution over President Nixon's [veto], on November 7, 1973.

Portions of this act consist of requiring the President to consult with Congress (Sec 3), periodically report to Congress (Sec 4), remove US troops after 90 days - if after 60 days Congress has not declared war (Sec 5).

This act has never been enforced, and has been commonly violated. Every president to date has declared it to be non-binding. The Supreme Court has striken down the 'Legislative Veto', (embodied in Section 5c of this act), in INS v. Chadha (1983). But since this act has never been enforced, the Supreme Court has not been able to hear a case regarding it.

Many people are unaware that only Congress has the power to declare war, under Article 1, Section 8, which is why most military actions have been fought outside of war, and became the necessity for this Act.

Related Links

http://www.yale.edu/lawweb/avalon/warpower.htm

wikipedia.org dumped 2003-03-17 with terodump