Sec. 1263. War Powers of Congress
361 words·~2 min read·
/bill/113/hr/1960/eh/section-1263·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Congress finds the following: In 1793, George Washington said, The constitution vests the power of declaring war in Congress; therefore no offensive expedition of importance can be undertaken until after they shall have deliberated upon the subject and authorized such a measure. . In a letter to Thomas Jefferson in 1798, James Madison wrote: The constitution supposes, what the History of all Governments demonstrates, that the Executive is the branch of power most interested in war, and most prone to it.
It has accordingly with studied care vested the question of war to the Legislature. In 1973, Congress passed the War Powers Resolution which states in section 2: The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to
(1)a declaration of war,
(2)specific statutory authorization, or
(3)national emergency created by attack upon the United States, its territories or possessions, or its armed forces. . In its April 1, 2011, Memorandum to President Obama, the Office of Legal Counsel concluded: President Obama could rely on his constitutional power to safeguard the national interest by directing the anticipated military operations in Libya—which were limited in their nature, scope, and duration—without prior congressional authorization. . On June 15, 2011, in a letter to the Speaker of the House of Representatives from the Department of Defense and Department of State, the Departments informed Congress that The President is of the view that the current U.S. military operations in Libya are consistent with the War Powers Resolution and do not under that law require further congressional authorization, because U.S. military operations are distinct from the kind of . hostilities contemplated by the Resolution’s 60 day termination provision . The precedence set by the Executive Branch in its assertion that Congress plays no role in military actions like those taken in Libya is contrary to the intent of the Framers and of the Constitution which vests sole authority to declare war in the Legislative Branch. Nothing in this Act shall be construed to authorize any use of military force.