While Article II, Section 2 of the Constitution spells out that “the President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states,” only Congress has the power to declare war, as an enumerated power under Article I, Section 8, Clause 11.
What Is the War Powers Resolution?
The resolution requires “in the absence of a declaration of war” that a president report to Congress within 48 hours after introducing United States military forces into hostilities, which must end within 60 days unless Congress permits otherwise.
“The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities or into situations 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,” the resolution reads.
The resolution also makes it clear that Congress believes the president’s commander-in-chief powers are limited to “hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances,” and can be 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.”
Since 1973, most presidents have ignored parts or all of the War Powers Resolution. According to the Congressional Research Service, “presidents have taken a broader view of the Commander in Chief power to use military force abroad. They have variously asserted ‘sources of authority’ … [and] other statutes that do not specifically cite the WPR. Additionally, they have relied on the Commander in Chief power itself and the president's foreign affairs authority under Article II of the Constitution.”
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