1. Purpose & Rationale of the War Powers Act

The purpose and underlying rationale of the War Powers act are stated in Section 2 of the Act. Section 2 declares that--

"It is the purpose of this joint resolution to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgement of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations. [Section 2(a).]

"Under Article I, Section 8, of the Constitution, it is specifically provided that the Congress shall have power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or any department or officer thereof. [Section 2(b).]

"The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement is clearly indi- cated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces." [Section 2(c).]

2. Consultation Requirements under the War Powers Act

Section 3 of the War Powers Act provides:

"The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and after every such introduction shall consult regularly with the Congress until United States Armed Forces are no longer engaged in hostilities or have been removed from such situations."

3. Reporting Requirements Under the War Powers Act

Section 4(a) of the Act requires the President to report to Congress, providing it with information regarding (1) the circumstances necessitating the introduction of the U.S. Armed Forces, (2) the constitutional and statutory authority under which introduction of the Armed Forces took place, and (3) the estimated scope and duration of the hostilities or involvement. Section 4(b) requires the President to--

" ... provide such other information as the Congress may request in the fulfillment of its constitutional responsibilities with respect to committing the Nation to war and to the use of United States Armed Forces abroad."

Section 4(c) makes these reporting requirements applicable to every case in which the U.S. Armed Forces, in the absence of a congressional declaration of war, are introduced--

" ... into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances;

or

" ... into the territory, airspace or waters of a foreign nation, while equipped for combat, except for deployments which relate solely to supply, replacement, repair, or training of such forces...."

As long as the Armed Forces continue to be engaged in hostilities or involved in any situation described above, the President is legally obligated to--

"report to the Congress periodically on the status of such hostilities or situation as well as on the scope and duration of such hostilities or situation, but in no event shall he report to Congress less often than once every six months." [Section 4(c).]

4. The War Powers Act & Restrictions on Presidential Action

Sections 2(c) and 5(b) of the War Powers Act establish three conditions, the existence of any one of which authorizes the President to introduce U.S. military forces into foreign hostilities or into a situation where imminent involvement of American troops in foreign hostilities is clearly indicated. These two provisions of the statute limit presidential war-making to the three conditions. The President can legally commit the U.S. Armed Forces to hostilities or potentially hostile situations abroad only (1) after a congressional declaration of war, (2) by an existing congressional statute or resolution granting specific authorization, or (3) in a national emergency caused by a foreign attack on the U.S.A., its territories or possessions, or its military forces. On committing American troops under the third condition, the President must, within forty-eight hours after initiating military action, submit a formal report to Congress.

Section 5(b) of the Act provides that, within sixty calender days after a report is submitted or is required to be submitted pursuant to Section 4, whichever is earlier, the President shall--

"terminate any use of the United States Armed Forces with respect to which such report was submitted (or required to be submitted), unless the Congress (1) has declared war or has enacted a specific authorization for such use of United States Armed Forces, (2) has extended by law such sixty- day period, or (3) is physically unable to meet as a result of an armed attack upon the United States."

Section 5(b) further provides:

"Such sixty-day period shall be extended for not more than an additional thirty days if the President determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces."

Section 5(c) provides that, notwithstanding the provisions of Section 5(b)--

" ... at any time that United States Armed Forces are engaged in hostilities outside the territory of the United States, its possessions and territories without a declaration of war or specific statutory authorization, such forces shall be removed by the President if the Congress so directs by concurrent resolution."

In summary, Section 5 of the War Powers Act recognizes the constitutional authority of the President to initiate limited U.S. military action abroad without first securing the formal consent of Congress. The President, however, is required to file a formal report to Congress no later than forty-eight hours after undertaking such military action. The military action is limited to sixty days, unless Congress grants a thirty-day extension after the President has certified that the safety of the troops necessitates their continued deployment. For the President to legally continue the military action beyond the ninety days, he must have prior congressional approval, either through a declaration of war or through a statute or joint resolution granting specific authorization to continue the military action. At any time before the foregoing time limits, Congress may, through passage of a concurrent resolution not subject to presidential veto, require the President to withdraw the Armed Forces from hostilities abroad.

Finally, the War Powers Act was intended to curb the President's use of the United Nations Charter and other other treaties as a means of developing and exercising an independent war-making power. Section 8(a)(2) of the Act provides:

"Authority to introduce United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances shall not be inferred ... from any treaty heretofore or hereafter ratified unless such treaty is implemented by legislation specifically authorizing the introduction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of this joint resolution."

Presidential authority to engage U.S. military forces in armed combat abroad is not to be inferred from any treaty to which the U.S.A. is a party, unless congressional legislation implementing the treaty (1) specifically authorizes the President to take such action and (2) expressly states that the intent of the legislation is to grant such authorization.