MILNET: The War Powers Act of 1973

Congress, following the Vietnam War and further involvement in other country's conflicts, felt it needed more control over the Executive Branch and the power of the President in actions other than a Declared War.

The War Powers Act prohibits the President from waging war beyond 60 days *1 without Congressional approval. Authorization can be made in many forms such as a temporary waiver of the Act or via a Declaration of War.

In December of 1982, Congress, still not satisfied with the control for support for the Contras who were getting U.S. support to overthrow the government of Nicaragua, added an amendment, Boland Amendment). See also the Hughes Ryan Act of 1974 and the text of the act itself.

Some feel the War Powers Act serves to allow Congress the ability to enforce a pacifist, "sit-on-the-hands" approach to confrontation approach to world events as is illustrated by this  paper (MILNET Mirror) by  Timonthy S. Boyland and Glenn A. Phelps in 2001.



*1  The President is also allowed under very certain conditions to extend an additional 30 days -- for instance to actually effect movement of troops or to ensure their safety during removal from the combat zone.

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