What Is the War Powers Resolution?

The War Powers Resolution of 1973 is a federal law intended to check the President’s power to commit the United States to an armed conflict without the consent of Congress. The resolution was passed over President Nixon’s veto in the aftermath of the Vietnam War, reflecting congressional concern that Presidents had expanded their use of military force beyond what the Constitution intended.

Under the War Powers Resolution, the President is required to notify Congress within 48 hours of committing armed forces to military action and is prohibited from keeping forces in a combat zone for more than 60 days (with a 30-day withdrawal period) without either a formal declaration of war or specific congressional authorization. The resolution also requires the President to consult with Congress “in every possible instance” before introducing forces into hostilities.

In practice, the War Powers Resolution has been a source of ongoing tension between the executive and legislative branches. Every President since Nixon has maintained that the resolution is an unconstitutional infringement on the President’s authority as Commander in Chief, and compliance has been inconsistent. Congress has rarely enforced the resolution’s provisions, though it remains an important framework for debates about the proper balance of war-making authority between the branches.

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