Presidential Use of Military Force

To say that this is a contentious subject is an understatement. Article 1, Section 8 of the Constitution gives Congress the right to declare war, while Article 2, Section 2 establishes that the President is the Commander in Chief. While outdated and lacking easily available links, this Law Library of the Library of Congress report on War Powers does provide a valuable overview. (Congressional hearings back to 1985 are here.) A much more timely report is this March 28, 2017 CRS document The War Powers Resolution: Concepts and Practice.

Other valuable CRS sources include: War Powers Resolution: Presidential Compliance (2012); Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications (2014); Congressional Authority to Limit Military Operations (2013); and Presidential Preferences to the 2001 Authorization for Use of Military Force in Publicly Available Executive Actions and Reports to Congress (2016).

You might also consult: The Balance of War Powers: The U.S. President and Congress (CFR Backgrounder); Understanding Authorizations for the Use of Military Force (Center for American Progress); War Powers (LII, Cornell, with links to sources); dozens of law review articles on war powers; and The New York Times’ War Powers Act of 1973.

Additional information can be found in this previous blog entry.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s