War Powers Resolution

The Vietnam War, fought for years under the broad 1964 Gulf of Tonkin Resolution and expanded into Cambodia without congressional approval, convinced many in Congress that presidents had absorbed the war power. Congress passed the War Powers Resolution in 1973, and when Richard Nixon vetoed it as an unconstitutional restriction on his authority, both chambers overrode the veto on November 7, 1973, at the height of the Watergate crisis.

The law asks the President to consult Congress in every possible instance before introducing forces into hostilities, and requires a written report within 48 hours of doing so. Forces must be withdrawn within 60 days, extendable by 30 days for safe withdrawal, unless Congress declares war, specifically authorizes the use of force, or extends the deadline. A separate provision allowing Congress to order withdrawal by concurrent resolution, without the President's signature, has been treated as unenforceable since INS v. Chadha struck down legislative vetoes in 1983.

Presidents of both parties have filed more than a hundred reports while maintaining that the law is unconstitutional, describing them as consistent with the resolution rather than required by it. They have also interpreted its terms narrowly: Bill Clinton continued the Kosovo air campaign past 60 days in 1999, and the Obama administration argued in 2011 that air operations in Libya did not amount to hostilities. Congress has passed resolutions directing an end to involvement in Yemen and in hostilities with Iran, but presidents vetoed them and the vetoes were sustained. Courts have declined to enforce the law, treating the disputes as political questions.