War Powers Litigation Initiated by Members of Congress Since the Enactment of the War Powers Resolution PDF Download
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Author:
Publisher: DIANE Publishing
ISBN: 1437988644
Category :
Languages : en
Pages : 21
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Author:
Publisher: DIANE Publishing
ISBN: 1437988644
Category :
Languages : en
Pages : 21
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Book Description
Author: Michael John Garcia
Publisher:
ISBN:
Category : Separation of powers
Languages : en
Pages : 18
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Book Description
Presidents have continued to maintain that they have sufficient authority independent of Congress to initiate the use of military force; and several Presidents have viewed aspects of the WPR as unconstitutionally infringing upon their Commander-in-Chief authority. Congress has on four occasions enacted authorizations specifically waiving the 60-90 day limitation on the use of force otherwise imposed by the WPR. But on eight occasions Members of Congress have filed suit to force various Presidents to comply with WPR requirements or otherwise to recognize Congress's war powers under the Constitution. In six of the seven cases where final rulings were issued, the courts have found reasons not to render a decision on the merits of the plaintiffs' claims. This report summarizes the seven cases initiated by Members of Congress in which final rulings were reached, which concerned U.S. military activities in El Salvador, Nicaragua, and Grenada; military action taken the during Persian Gulf conflict between Iraq and Iran; U.S. activities in response to Iraq's invasion of Kuwait (prior to the congressional authorization); and U.S. participation in NATO's action in Kosovo and Yugoslavia. This report also briefly discusses the current legal challenge to enjoin further military action against Libya, and discusses more generally the debate surrounding the WPR's application to these military operations.
Author: David M. Ackerman
Publisher:
ISBN:
Category : Separation of powers
Languages : en
Pages : 18
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Book Description
Author: David M. Ackerman
Publisher:
ISBN:
Category : Separation of powers
Languages : en
Pages : 9
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Book Description
Author: Robert F. Turner
Publisher: Potomac Books
ISBN:
Category : Law
Languages : en
Pages : 232
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Book Description
Author: United States. Congress. Senate. Committee on Foreign Relations
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 762
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Book Description
Author: Congressional Research Service
Publisher: Createspace Independent Publishing Platform
ISBN: 9781545111680
Category :
Languages : en
Pages : 98
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Book Description
This report discusses and assesses the War Powers Resolution and its application since enactment in 1973, providing detailed background on various cases in which it was used, as well as cases in which issues of its applicability were raised. It will be revised biannually. In the post-Cold War world, Presidents have continued to commit U.S. Armed Forces into potential hostilities, sometimes without a specific authorization from Congress. Thus the War Powers Resolution and its purposes continue to be a potential subject of controversy. On June 7, 1995, the House defeated, by a vote of 217-201, an amendment to repeal the central features of the War Powers Resolution that have been deemed unconstitutional by every President since the law's enactment in 1973. In 1999, after the President committed U.S. military forces to action in Yugoslavia without congressional authorization, Representative Tom Campbell used expedited procedures under the Resolution to force a debate and votes on U.S. military action in Yugoslavia, and later sought, unsuccessfully, through a federal court suit to enforce presidential compliance with the terms of the War Powers Resolution. The War Powers Resolution P.L. 93-148 was passed over the veto of President Nixon on November 7, 1973, to provide procedures for Congress and the President to participate in decisions to send U.S. Armed Forces into hostilities. Section 4(a)(1) requires the President to report to Congress any introduction of U.S. forces into hostilities or imminent hostilities. When such a report is submitted, or is required to be submitted, Section 5(b) requires that the use of forces must be terminated within 60 to 90 days unless Congress authorizes such use or extends the time period. Section 3 requires that the "President in every possible instance shall consult with Congress before introducing" U.S. Armed Forces into hostilities or imminent hostilities. From 1975 through March 2017, Presidents have submitted 168 reports as the result of the War Powers Resolution, but only one, the 1975 Mayaguez seizure, cited Section 4(a)(1), which triggers the 60-day withdrawal requirement, and in this case the military action was completed and U.S. armed forces had disengaged from the area of conflict when the report was made. The reports submitted by the President since enactment of the War Powers Resolution cover a range of military activities, from embassy evacuations to full-scale combat military operations, such as the Persian Gulf conflict, and the 2003 war with Iraq, the intervention in Kosovo, and the anti-terrorism actions in Afghanistan. In some instances, U.S. Armed Forces have been used in hostile situations without formal reports to Congress under the War Powers Resolution. On one occasion, Congress exercised its authority to determine that the requirements of Section 4(a)(1) became operative on August 29, 1983, through passage of the Multinational Force in Lebanon Resolution (P.L. 98-119). In 1991 and 2002, Congress authorized, by law, the use of military force against Iraq. In several instances none of the President, Congress, or the courts has been willing to initiate the procedures of or enforce the directives in the War Powers Resolution.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: United States. Congress. Senate. Committee on Foreign Relations
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 104
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Book Description
Author: United States. Congress. House. Committee on Foreign Affairs. Subcommittee on International Organizations, Human Rights, and Oversight
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 48
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Book Description
