The War Powers Act
Time for a history lesson. In 1973, Congress overcame a veto by President Nixon and created the War Powers Act. It requires (from Wikipedia):
the President to consult with Congress prior to the start of any hostilities as well as regularly until U.S. armed forces are no longer engaged in hostilities and to remove U.S. armed forces from hostilities if Congress has not declared war or passed a resolution authorizing the use of force within 60 days
There is a lot of legal concerns about the Act. It has never been challenged for its Constitutionality. Many scholars think it is a bogus law that wouldn’t pass muster. Every president since Nixon has hated it and assumes it is unconstitutional. I suspect they don’t challenge it in court because they are afraid they would be wrong and then it would be the unchallenged law of the land. Why the issue at all? Because while Congress is enumerated with the power to declare war, the President is the Commander-in-Chief with operational responsibilities for the military. But after Vietnam:
Many Members of Congress became concerned with the erosion of congressional authority to decide when the United States should become involved in a war or the use of armed forces that might lead to war.
So why do I bring this up? Because of this article on MSNBC.com:
Former Secretaries of State James A. Baker III and Warren Christopher will head a private, bipartisan panel to study a lingering and gnawing national question: Who does the Constitution say has the power to begin, conduct and end wars.
Should make for interesting reading when they are done. Aw, come on. You know it will be interesting to read.


