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Fifty Years of the War Powers Resolution: Weakened, but Still Standing

Thu, September 5, 10:00 to 11:30am, Marriott Philadelphia Downtown, 411

Abstract

The War Powers Resolution was conceived with the best intentions of its framers: to promote presidential collaboration with Congress on decisions to use military force. After fifty years of experience, we can now say that this law has prompted greater cognizance by presidents that they will be scrutinized closely by Congress if they circumvent the resolution’s provisions, but it has also not prevented presidents, spurred on by “creative” interpretations from executive branch lawyers, from forging ahead in committing military force without complying fully with these provisions. This record of disappointing adherence by presidents has prompted continued efforts to revise the original 1973 law. This paper will explore the history of the use of this 1973 law and the ongoing congressional efforts to “reform the reform.”

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