To understand our present day Court system (Justice) we must examine the general nature of Emergency Powers, martial law and martial rule to see how they operate, if in fact they do operate in our judiciary and why.
Many have forwarded the argument that the Constitution never existed, as it was never signed by any principle. It was merely witnessed. That may have some legal currency, but for the purposes of this instruction we will assume that it is a valid contract with our government.
Characteristics of Emergency Powers:
Means any form of military style government, martial law, or martial rule. Martial law and
martial rule are not the same as will be covered in greater detail.
This guide is intended to serve as an introduction to research on the War Powers Resolution, Public Law 93-148, 87 Stat. 555, passed over President Nixon’s veto on November 7, 1973. The War Powers Resolution is sometimes referred to as the War Powers Act, its title in the version passed by the Senate. This Joint Resolution is codified in the United States Code (“USC”) in Title 50, Chapter 33, Sections 1541-48.
The term “Resolution” can be misleading; this law originated as a Joint Resolution and was passed by both Houses of Congress pursuant to the Legislative Process, and has the same legal effect as a Bill which has passed and become a law. For more information on Bills and Joint Resolutions see this explanation of Congressional Forms of Action.
The Constitution of the United States divides the war powers of the federal government between the Executive and Legislative branches: the President is the Commander in Chief of the armed forces (Article II, section 2), while Congress has the power to make declarations of war, and to raise and support the armed forces (Article I, section 8). Over time, questions arose as to the extent of the President’s authority to deploy U.S. armed forces into hostile situations abroad without a declaration of war or some other form of Congressional approval.
Congress passed the War Powers Resolution in the aftermath of the Vietnam War to address these concerns and provide a set of procedures for both the President and Congress to follow in situations where the introduction of U.S. forces abroad could lead to their involvement in armed conflict.
Conceptually, the War Powers Resolution can be broken down into several distinct parts. The first part states the policy behind the law, namely to “insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities,” and that the President’s powers as Commander in Chief are exercised only pursuant to a declaration of war, specific statutory authorization from Congress, or a national emergency created by an attack upon the United States (50 USC Sec. 1541).
The second part requires the President to consult with Congress before introducing U.S. armed forces into hostilities or situations where hostilities are imminent, and to continue such consultations as long as U.S. armed forces remain in such situations (50 USC Sec. 1542). The third part sets forth reporting requirements that the President must comply with any time he introduces U.S. armed forces into existing or imminent hostilities (50 USC Sec. 1543); section 1543(a)(1) is particularly significant because it can trigger a 60 day time limit on the use of U.S. forces under section 1544(b).
The fourth part of the law concerns Congressional actions and procedures. Of particular interest is Section 1544(b), which requires that U.S. forces be withdrawn from hostilities within 60 days of the time a report is submitted or is required to be submitted under Section 1543(a)(1), unless Congress acts to approve continued military action, or is physically unable to meet as a result of an armed attack upon the United States. Section 1544(c) requires the President to remove U.S. armed forces that are engaged in hostilities “without a declaration of war or specific statutory authorization” at any time if Congress so directs by a Concurrent Resolution (50 USC 1544). Concurrent Resolutions are not laws and are not presented to the President for signature or veto; as a result the procedure contemplated under Section 1544(c) is known as a “legislative veto” and is constitutionally questionable in light of the decision of the United States Supreme Court in INS v. Chadha, 462 U.S. 919 (1983). Further sections set forth expedited Congressional procedures for considering proposed legislation to authorize the use of U.S. armed forces, as well as similar procedures regarding proposed legislation to withdraw U.S. forces under Section 1544(c) (50 U.S. 1545-46a).
The fifth part of the law sets forth certain definitions and rules to be used when interpreting the War Powers Resolution (50 USC 1547). Finally, the sixth part is a “separability provision” and states that if any part of the law is held (by a court) to be invalid, on its face or as applied to a particular situation, the rest of the law shall not be considered invalid, nor shall its applicability to other situations be affected (50 USC 1548).
U.S. Presidents have consistently taken the position that the War Powers Resolution is an unconstitutional infringement upon the power of the executive branch. As a result, the Resolution has been the subject of controversy since its enactment, and is a recurring issue due to the ongoing worldwide commitment of U.S. armed forces. Presidents have submitted a total of over 120 reports to Congress pursuant to the Resolution. Some examples of the Resolution’s effect on the deployment of U.S. armed forces include:
1975: President Ford submitted a report to Congress as a result of his order to the U.S. armed forces to retake the Mayaguez, a U.S. merchant vessel which had been seized by Cambodia. This report is the only report to have cited Section 4(a)(1) (50 USC Sec. 1543(a)(1)) of the Resolution, triggering the 60-day time limit; however the operation was completed before 60 days had expired.
1981: President Reagan deployed a number of U.S. military advisors to El Salvador but submitted no report to Congress. Members of Congress filed a federal lawsuit in an attempt to force compliance with the Resolution, but the U.S. District Court hearing the suit declined to become involved in what the judge saw as a political question, namely whether U.S. forces were indeed involved in hostilities.
1982-83: President Reagan sent a force of Marines to Lebanon to participate in peacekeeping efforts in that country; while he did submit three reports to Congress under the Resolution, he did not cite Section 4(a)(1), and thus did not trigger the 60 day time limit. Over time the Marines came under increasing enemy fire and there were calls for withdrawal of U.S. forces. Congress, as part of a compromise with the President, passed Public Law 98-119 in October 1983 authorizing U.S. troops to remain in Lebanon for 18 months. This resolution was signed by the President, and was the first time a President had signed legislation invoking the War Powers Resolution.
1990-91: President George H.W. Bush sent several reports to Congress regarding the buildup of forces in Operation Desert Shield. President Bush took the position that he did not need “authority” from Congress to carry out the United Nations resolutions which authorized member states to use “all necessary means” to eject Iraq from Kuwait; however he did ask for Congressional “support” of U.S. operations in the Persian Gulf. Congress passed, and the President signed, Public Law 102-1 authorizing the President to use force against Iraq if the President reported that diplomatic efforts had failed. President Bush did so report, and initiated Operation Desert Storm.
1993-99: President Clinton utilized United States armed forces in various operations, such as air strikes and the deployment of peacekeeping forces, in the former Yugoslavia, especially Bosnia and Kosovo. These operations were pursuant to United Nations Security Council resolutions and were conducted in conjunction with other member states of NATO. During this time the President made a number of reports to Congress “consistent with the War Powers Resolution” regarding the use of U.S. forces, but never cited Section 4(a)(1), and thus did not trigger the 60 day time limit. Opinion in Congress was divided and many legislative measures regarding the use of these forces were defeated without becoming law. Frustrated that Congress was unable to pass legislation challenging the President’s actions, Representative Tom Campbell and other Members of the House filed suit in the Federal District Court for the District of Columbia against the President, charging that he had violated the War Powers Resolution, especially since 60 days had elapsed since the start of military operations in Kosovo. The President noted that he considered the War Powers Resolution constitutionally defective. The court ruled in favor of the President, holding that the Members lacked legal standing to bring the suit; this decision was affirmed by the U.S. Court of Appeals for the District of Columbia. See Campbell v. Clinton, 203 F.3d 19 (D.C. Cir. 2000). The U.S. Supreme Court refused to hear an appeal from this decision, in effect letting it stand.
2001: In the wake of the terrorist attacks on the World Trade Center and the Pentagon, Congress passed Public Law 107-40 (PDF), authorizing President George W. Bush to “use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.” For the first time, “organizations and persons” are specified in a Congressional authorization to use force pursuant to the War Powers Resolution, rather than just nations.
2002: Congress authorized President George W. Bush to use force against Iraq, pursuant to the War Powers Resolution, in Public Law 107-243 (PDF).
Constitutional Provisions1. Constitution of the United States, Article I, Section 8: Gives Congress the power to declare war and raise and support the armed forces. Available online.
2. Constitution, Article II, Section 2: President as Commander in Chief. Available online
Legislation1. The War Powers Resolution, Pub. L. No. 93-148, 87 Stat. 555 (November 7, 1973). Available online. It is codified in Title 50, Chapter 33, Sections 1541-48 of the United States Code. Available online.
2. Authorization for use of Military Force, Pub. L. No. 107-40, 115 Stat. 224 (September 18, 2001). Available online (PDF).
3. Authorization for Use of Military Force Against Iraq Resolution of 2002, Pub. L. No. 107-243, 116 Stat. 1498 (October 16, 2002). Available online (PDF).
Congressional HearingsU.S. House. Committee on Armed Services. Subcommittee on Investigations. Review of the War Powers Resolution: Hearings. 101st Cong., 1st-2d Sess. May 24 and September 26, 1989 and January 29, 1990. Washington: U.S. GPO, 1991. H.A.S.C. no. 101-80. CIS: 2000-H201-30. LCCN: 91601098.
KF27 .A753 1989j
U.S. House. Committee on Foreign Affairs. Grenada War Powers: Full Compliance Reporting and Implementation: Markup on H.J. Res. 402. 98th Cong., 1st Sess. October 27, 1983. Washington: U.S. GPO, 1983. CIS: 84-H381-3. LCCN: 83603637.
KF27 .F6 1983j
U.S. House. Committee on Foreign Affairs. Statutory Authorization under the War Powers Resolution – Lebanon: Hearing and Markup on H.J. Res. 364 and H. Res. 315. 98th Cong., 1st Sess. September 21 and 22, 1983. Washington: U.S. GPO, 1983. CIS: 83-H381-93. LCCN: 83603496.
KF27 .F6 1983c
U.S. House. Committee on Foreign Affairs. Withdrawal of U.S. Forces from Somalia: Markup on H. Con Res. 170. 103d Cong., 1st Sess. November 3, 1993. Washington: U.S. GPO, 1994. CIS: 94-H381-21. LCCN: 94149518.
KF27 .F6 1993k
U.S. House. Committee on Foreign Affairs. Subcommittee on Arms Control, International Security, and Science. War Powers: Origins, Purposes, and Applications: Hearings. 100th Cong., 2d Sess. August 4 and September 27, 1988. Washington: U.S. GPO, 1988 [i.e. 1989]. CIS: 89-H381-41. LCCN: 89601209.
KF27 .F636 1988e
U.S. House. Committee on Foreign Affairs. Subcommittee on Arms Control, International Security, and Science. War Powers, Libya, and State-Sponsored Terrorism: Hearings. 99th Cong., 2d Sess. April 29, May 1 and 15, 1986. Washington: U.S. GPO, 1986. CIS: 86-H381-61. LCCN: 86602640.
KF27 .F636 1986a
U.S. House. Committee on Foreign Affairs. Subcommittee on International Economic Policy and Trade. Emergency Economic Powers: Iran: Hearing. 97th Cong., 1st Sess. March 5, 1981. Washington: U.S. GPO, 1981. CIS: 81-H381-75. LCCN: 81602940.
KF27 .F6465 1981b
U.S. House. Committee on Foreign Affairs. Subcommittee on National Security Policy and Scientific Development. Congress, the President, and the War Powers: Hearings. 91st Cong., 2d Sess. June 18, 23, 24, 25, 30; July 1, 9, 23, 28, 30; and August 5, 1970. Washington, U.S. GPO, 1970. CIS: 70-H381-24. LCCN: 74608701.
U.S. House. Committee on Foreign Affairs. Subcommittee on National Security Policy and Scientific Developments. War Powers: Hearings. 93d Cong., 1st Sess. March 7, 8, 13, 14, 15, 20, 1973. Washington, U.S. GPO, 1973. CIS: 73-H381-16. LCCN: 73601784.
KF27 .F6483 1973
U.S. House. Committee on Foreign Affairs. Subcommittee on National Security Policy and Scientific Developments. War Powers Legislation: Hearings. 92d Cong., 1st Sess. June 1 and 2, 1971. Washington, U.S. GPO, 1971. CIS: 71-S381-13. LCCN: 71613736.
U.S. House. Committee on Foreign Affairs. Subcommittee on International Security and Scientific Affairs. Legislation to Combat International Terrorism: 98th Congress: Hearings and Markup before the Committee on Foreign Affairs and its Subcommittees on International Security and Scientific Affairs and on International Operations, House of Representatives, Ninety-eighth Congress, on H. Res. 233; H. Con. Res. 339; H.R. 5612; H.R. 5613; H.R. 6311, November 9, 1983; June 7, 13, 19; September 26, 1984. Washington : U.S. GPO, 1984. CIS: 85-H381-18. LCCN: 85601445.
KF27 .F64825 1983g
U.S. House. Committee on Government Reform. Preparing for the War on Terrorism: Hearing before the Committee on Government Reform, House of Representatives, One Hundred Seventh Congress, first session, September 20, 2001. Washington : U.S. GPO, 2002. Serial no. 107-37. CIS: 2002-H401-34. LCCN: 2002410337
KF27 .G6 2001
U.S. House. Committee on International Relations. Subcommittee on International Security and Scientific Affairs. Congressional Oversight of War Powers Compliance: Zaire Airlift: Hearing. 95th Cong., 2d Sess. August 10, 1978. Washington: U.S. GPO, 1978. CIS: 79-H461-7. LCCN: 79600523.
KF27 .I5495 1978c
U.S. House. Committee on International Relations. Subcommittee on International Security and Scientific Affairs. War Powers: A Test of Compliance Relative to the Danang Sealift, the Evacuation of Phnom Penh, the Evacuation of Saigon, and the Mayaguez Incident: Hearings. 94th Cong., 1st Sess. May 7 and June 4, 1974. Washington: U.S. GPO, 1975. CIS: 75-H381-56. LCCN: 75603166.
KF27 .I5495 1975b
U.S. House. Committee on International Relations. Authorization for Use of Military Force Against Iraq : Markup before the Committee on International Relations, House of Representatives, One Hundred Seventh Congress, Second Session on H.J. Res. 114, October 2 and October 3, 2002. Washington, D.C. U.S. GPO, 2002. Serial No. 107-116. CIS: 2002-H461-76. LCCN: 2002495227.
KF27 .I549 2002e
U.S. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations. Presidential Waiver Authority of Conflict of Interest Statutes: Hearing on H.R. 3381. 102d Cong., 1st Sess. October 3, 1991. Washington: U.S. GPO, 1992. Serial no. 38. CIS: 92-H521-32.
KF27 .J832 1991e
U.S. Senate. Committee on Armed Services. Department of Defense’s Implementation of the President’s Military Order on Detention Treatment and Trial by Military Commission of Certain Noncitizens in the War on Terrorism: Hearing. 107th Cong., 1st Sess. December 12, 2001. Washington: U.S. GPO, 2002. S.Hrg. 107-513. CIS: 2002-S201-12. LCCN: 2002435538.
KF26 .A7 2001
U.S. Senate. Committee on Foreign Relations. Markup: War Powers Resolution: Hearing. Markup to Consider Three Joint Resolutions Relating to Lebanon and the War Powers Resolution, S.J. Res. 159; S.J. Res. 163; and S.J. Res. 166. 98th Cong., 1st Sess. September 23, 1983. Washington: U.S. GPO, 1983.S.Hrg. 98-264 CIS: 83-S381-39. LCCN: 83603073.
KF26 .F6 1983o
U.S. Senate. Committee on Foreign Relations. The Peace Powers Act (S. 5) and the National Security Revitalization Act (H.R. 7): Hearing. 104th Cong., 1st Sess. March 21, 1995. Washington: U.S. GPO, 1995. S. Hrg. 104-144. CIS: 1995 S381-24. LCCN: 95226448.
KF26 .F6 1995
U.S. Senate. Committee on Foreign Relations. War Powers Legislation: Hearings on S. 731, S.J. Res. 18, and S.J. Res. 59. 92d Cong., 1st Sess. March 8, 9, 24, 25, April 23, 26, May 14, July 26, 27, October 6, 1971. Washington, U.S. GPO, 1972. CIS: 72-S381-9. LCCN: 72600723.
U.S. Senate. Committee on Foreign Relations. War Powers Legislation, 1973. Hearings, Ninety-Third Congress, First Session, on S. 440 … April 11 and 12, 1973. Washington, U.S. GPO, 1973. CIS: 73-S381-14. LCCN: 73601962.
KF26 .F6 1973h
U.S. Senate. Committee on Foreign Relations. War Powers Resolution: Hearing. 98th Cong., 1st Sess. September 21, 1983. Washington: U.S. GPO, 1983. CIS: 83-S381-38. LCCN: 83603048.
KF26 .F6 1983v
U.S. Senate. Committee on Foreign Relations. War Powers Resolution: Hearings on a Review of the Operation and Effectiveness of the War Powers Resolution, 95th Cong., 1st Sess. July 13, 14, and 15, 1977. Washington: U.S. GPO, 1977. CIS: 77-S381-43. LCCN: 77604303.
KF26 .F6 1977k
U.S. Senate. Committee on Foreign Relations. Special Subcommittee on War Powers. The War Power After 200 Years: Congress and the President at a Constitutional Impasse: Hearings. 100th Cong., 2d Sess. July 13, 14, August 5, September 7, 15, 16, 20, 23 and 29, 1988. Washington: U.S. GPO, 1989. S.Hrg. 100-1012 CIS: 89-S381-14. LCCN: 89601889.
KF26 .F696 1988
U.S. Senate. Committee on Governmental Affairs. Critical Infrastructure Protection: Who’s in Charge?: Hearing. 107th Cong., 1st Sess. October 4, 2001. Washington: U.S. GPO, 2002.CIS: 2002-S401-37. LCCN: 2002435590. PDF http://purl.access.gpo.gov/GPO/LPS22197
KF26 .G67 2001s
U.S. Senate. Committee on Government Operations. National Emergencies Act, on H.R. 3884. 94th Cong., 2d Sess. February 25, 1976. Washington: U.S. GPO, 1976. CIS: 76-S401-33. LCCN: 76603155.
KF26 .G6 1976d
U.S. Senate. Committee on the Judiciary. The Constitutional Roles of Congress and the President in Declaring and Waging War: Hearing. 102d Cong., 1st Sess. January 8, 1991. Washington: U.S. GPO, 1991. S.Hrg. 102-183. CIS: 91 S521-67. LCCN: 91602015.
KF26 .J8 1991a
U.S. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Federalism, and Property Rights. Applying the War Powers Resolution to the War on Terrorism: Hearing. 107th Cong., 2d Sess. April 17, 2002. Washington: U.S. GPO, 2003. S.Hrg. 107-892. CIS: 2003-S521-19. LCCN: 2003431468. PDF http://purl.access.gpo.gov/GPO/LPS33315
KF26 .J8359 2002
U.S. Senate. Special Committee on the Termination of the National Emergency. National Emergency: Hearings. 93d Cong., 1st Sess. April 11,12, 1973. July 24, 1973. November 28, 1973. Washington, U.S. GPO, 1973. Pt. 1: Constitutional Questions Concerning Emergency Powers; pt. 2: Views of Former Attorneys General; pt. 3: Constitutional Questions Concerning Emergency Powers. CIS: 73-S961-6 (pt. 1); 74-S961-5 (pt. 2); 74-S961-7 (pt. 3). LCCN: 73602990.
KF26.5 .T4 1973
Congressional Documents, Prints and ReportsU.S. House. Committee on Foreign Affairs. The War Powers Resolution: A Special Study of the Committee on Foreign Affairs. 97th Cong., 2d Sess. Washington: U.S. GPO, 1982. Committee Print. John H. Sullivan. CIS: 82-H382-13. LCCN: 82602327.
KF5060 .A25 1982
U.S. House. Committee on Foreign Affairs. Subcommittee on Arms Control, International Security, and Science. The War Powers Resolution: Relevant Documents, Correspondence. 100th Cong., 2d Sess. May 1988 ed. Washington: U.S. GPO, 1988. Committee Print. CIS: 88-H382-15. LCCN: 88602119.
KF5060 .A25 1988
U.S. House. Committee on Foreign Affairs. Subcommittee on International Security and Scientific Affairs. The War Powers Resolution: Relevant Documents, Correspondence, Reports. 97th Cong., 1st Sess. June 1981. Washington: U.S. GPO, 1981. Committee Print. CIS: 81-H382-39. LCCN: 81602343.
KF5060 .A25 1981
U.S. House. Committee on Foreign Affairs. Subcommittee on International Security, International Organizations, and Human Rights. The War Powers Resolution: Relevant Documents, Reports, Correspondence. 103d Cong., 2d Sess. May 1994 ed. Washington: U.S. GPO, 1994. Committee Print. CIS: 94-H382-10. LCCN:94190867.
KF5060 .A25 1994
U.S. House. Committee on International Relations. The War Powers Resolution: Relevant Documents, Correspondence, Reports. 94th Cong., 2d Sess. January 1976 ed. Washington: U.S. GPO, 1975 [i.e. 1976]. Committee Print. CIS: 76-H462-1. LCCN: 76602183.
KF5060 .A25 1976
U.S. House. Committee on the Judiciary. Emergency Powers Continuation Act. 82d Cong., 2d Sess. Washington, U. S. GPO, 1952. H. Rpt. 82-2041. CIS: Serial Set 11577. LCCN: 52061193.
KF31 .J8 1952b
U.S. House. Committee on the Judiciary. Terminating Certain Emergency and War Powers. Report to Accompany S. J. Res. 123. 80th Cong., 1st Sess. Washington: U.S. GPO, 1947. H.Rpt. 80-799. CIS: Serial Set 11121. LCCN: 47031756.
KF32 .J8 1947b
U.S. Senate. Committee on Foreign Relations. Documents Relating to the War Power of Congress, the President’s Authority as Commander-in-Chief and the War in Indochina. 91st Cong., 2d Sess. July 1970. Washington, U.S. GPO, 1970. Committee Print. CIS: 70-S382-12. LCCN: 76608837.
KF4650 .A25 1970
U.S. Senate. Committee on Foreign Relations. War Powers: Report Together with Additional Views of Senator Fulbright and Individual Views of Senator John Sherman Cooper (to Accompany S. 2956). 92d Cong., 2d Sess. February 9, 1972. Washington: U.S. GPO, 1972. S. Rpt. 92-606. CIS: 72-S383-2. LCCN: 72600869.
SERIAL SET # 12971-1 / KF31 .F6 1972
U.S. Senate. Special Committee on National Emergencies and Delegated Emergency Powers. Executive Replies: Evaluation of Emergency Powers Statutes. 93d Cong., 2d Sess. November 1974. Washington: U.S. GPO, 1974. Committee Print. CIS: 74-S692-5 (pt. 1); 75-S962-1 (pt. 2); 75-S962-2 (pt. 3). LCCN: 75600614.
KF5060 .A25 1974c
U.S. Senate. Special Committee on National Emergencies and Delegated Emergency Powers. National Emergencies and Delegated Emergency Powers: Final Report. 94th Cong., 2d Sess. May 28, 1976. Washington: U.S. GPO, 1976. S. Rpt. 94-922. CIS: 76-S963-4. LCCN: 76601052.
KF31.5 .N3 1976
U.S. Senate. Special Committee on National Emergencies and Delegated Emergency Powers. Summary of Executive Orders in Times of War and National Emergency: A Working Paper. 93d Cong., 2d Sess. August 1974. Washington: U.S. GPO, 1974. Committee Print. CIS: 74-S962-4. LCCN: 74602491.
KF5060 .A25 1974
U.S. Senate. Special Committee on the Termination of the National Emergency. A Brief History of Emergency Powers in the United States: A Working Paper. 93d Cong., 2d Sess. July 1974. Washington: U.S. GPO, 1974. vi, 140 p. Committee Print. CIS: 74-S962-3. LCCN: 74602494.
KF5060 .A25 1974b
U.S. Senate. Special Committee on the Termination of the National Emergency. Emergency Powers Statutes: Provisions of Federal Law Now in Effect Delegating to the Executive Extraordinary Authority in Time of National Emergency; Report. 93d Cong., 1st Sess. September 1993. Washington, U.S. GPO, 1973. Committee Print. Also available as S. Rpt. 93-549 (November 19, 1973; CIS: 73-S963-2). CIS: 73-S962-2. LCCN: 73602837.
KF31.5 .T4 1973
U.S. Senate. Special Committee on the Termination of the National Emergency. Review and Manner of Investigating Mandate Pursuant to S. Res. 9, 93d Congress; a Working Paper. 93d Cong., 1st Sess. March 1973. Washington, U.S. GPO, 1973. Committee Print. CIS: 73-S962-1. LCCN: 74600936.
KF5060 .A25 1973
U.S. Senate. Special Committee on the Termination of the National Emergency. Review and Manner of Investigating Mandate Pursuant to S. Res. 9, 93d Congress; a Working Paper. 93d Cong., 1st Sess. March 1973. Washington, U.S. GPO, 1973. Committee Print. CIS: 73-S962-1. LCCN: 74600936.
KF5060 .A25 1973
BooksJohn J. Abt. Who Has the Right to Make War? The Constitutional Crisis. New York: International Publishers, 1970. LCCN: 74148515.
KF5060 .Z9 A2
American Enterprise Institute for Public Policy Research. The War Powers Bill. Washington: AEI, 1972. Series: Its Legislative Analysis, 92nd Cong., No. 19. LCCN: 72192536.
KF5060 .Z9 A94
Clarence A. Berdahl. War Powers of the Executive in the United States. Buffalo, N.Y.: William S. Hein, 2003. LCCN: 2003045294
JK558 .B4 2003
Alan I. Bigel. The Supreme Court on Emergency Powers, Foreign Affairs, and Protection of Civil Liberties, 1935-1975. Lanham, MD: University Press of America, 1986. LCCN: 85022572.
KF5060 .B54 1986
Randall Walton Bland. The Black Robe and the Bald Eagle: The Supreme Court and the Foreign Policy of the United States, 1789-1953. San Francisco: Austin & Winfield, 1996. LCCN: 93031327.
KF5060 .B55 1996
Edward DeV. Bunn. Presidential War Powers on Domestic Soil: a History and Analysis of Presidential Emergency Powers Exercised on Domestic Soil. Gainesville, Fla.: Cambridge Lighthouse Press, 2005. LCCN: 2005903919.
KF5060 .B86 2005
Susan R. Burgess. Contest for Constitutional Authority: The Abortion and War Powers Debates. Lawrence, KS: University Press of Kansas, 1992. LCCN: 91034979.
KF8700 .B87 1991
Robert D. Clark, Andrew M. Egeland, Jr., and David B. Sanford. The War Powers Resolution: Balance of War Powers in the Eighties. Washington: National Defense University Press: U.S. GPO, 1985. Series: A National War College Strategic Study. LCCN: 85600614.
KF5060 .C5 1985
Charles M. Clode. The Administration of Justice under Military and Martial Law, as Applicable to the Army, Navy, Marines, and Auxiliary Forces. 2d ed. rev. and enl. London: J. Murray, 1874. LCCN: ltf91025900.
KD6290 .C56 1874
Charles M. Clode. The Administration of Justice under Military and Martial Law. London: J. Murray, 1872. LCCN: 12011075.
KD6290 .C56 1872
Congress and United States Foreign Policy: Controlling the Use of Force in the Nuclear Age. Edited by Michael Barnhart. Albany: State University of New York Press, 1987. LCCN: 86023057.
KF5060 .A75 C66 1987
The Constitution and the Conduct of Foreign Policy: An Inquiry by a Panel of the American Society of International Law. Edited by Francis O. Wilcox, Richard A. Frank; published under the auspices of the American Society of International Law. New York: Praeger, 1976. LCCN: 75023999.
KF4651 .A5 C6
The Constitution in Wartime: Beyond Alarmism and Complacency. Edited by Mark V. Tushnet. Durham [N.C.]: Duke University Press, 2005. LCCN: 2004015809.
KF5060 .C58 2005
Edward Samuel Corwin. Total War and the Constitution; Five Lectures Delivered at the University of Michigan, March 1946. New York: A. A. Knopf, 1947. Series: William W. Cook Foundation Lectures; v. 2. LCCN: 47000777.
KF5060 .C6 1947
Patrick T. Conley. The Military Legislation of the First and Second Sessions of the Thirteen Congress: A Study of War-Time Leadership. United States?: s.n. 1963. LCCN: 99194550.
KF7221.Z9 C66 1963
Brian R. Dirck. Waging War on Trial: a Sourcebook with Cases, Laws, and Documents. 1st ed. Indianapolis: Hackett Pub., 2003. LCCN: 2004012026.
KF5060.Z9 D573 2003
John Hart Ely. War and Responsibility: Constitutional Lessons of Vietnam and Its Aftermath. Princeton, NJ: Princeton University Press, 1993. LCCN: 92045769.
KF5060 .E58 1993
John E. Finn. Constitutions in Crisis: Political Violence and the Rule of Law. New York: Oxford Univ. Press, 1991. LCCN: 90031794.
K5256 .F56 1991
First Use of Nuclear Weapons: Under the Constitution, Who Decides? Edited by Peter Raven- Hansen. New York: Greenwood Press, 1987. Series: Contributions in Legal Studies; No. 38. LCCN: 86033655.
KF5060.A75 F57 1987
Louis Fisher. Presidential War Power. 2nd ed., rev. Lawrence, KS: University Press of Kansas, 2004. LCCN: 2004001962.
KF5060 .F57 2004
Leon Friedman and Burt Neuborne. Unquestioning Obedience to the President: The ACLU Case Against the Illegal War in Vietnam. New York: Norton, 1972. 284 p. LCCN: 76169044.
Michael J. Glennon. Constitutional Diplomacy. Princeton, NJ: Princeton University Press, 1990. LCCN: 89039071.
KF4651 .G59 1990
Nathan D. Grundstein. Presidential Delegation of Authority in Wartime. Pittsburgh, PA: University of Pittsburgh Press, 1961. LCCN: 61009398.
David Locke Hall. The Reagan Wars: A Constitutional Perspective on War Powers and the Presidency. Boulder: Westview Press, 1991. LCCN: 91013127.
KF5060 .H35 1991
Brien Hallett. The Lost Art of Declaring War. Urbana, IL: University of Illinois Press, 1998.
KF5060 .H355 1998
Ryan C. Hendrickson. The Clinton Wars: The Constitution, Congress, and War Powers. 1st ed. Nashville Vanderbilt University Press, 2002. LCCN: 2002003863.
KF5060 .H46 2002
Pat M. Holt. The War Powers Resolution: The Role of Congress in U.S. Armed Intervention. Washington: American Enterprise Institute for Public Policy Research, 1978. Series: Studies in foreign policy, AEI studies; 197. LCCN: 78009571.
KF5060 .A25 1978
Peter Irons. War Powers: How the Imperial Presidency Hijacked the Constitution, New York : Metropolitan Books, 2005. LCCN: 2005041488
KF5060 .I76 2005
Jacob K. Javits. Who Makes War: The President Versus Congress. New York, Morrow, 1973. LCCN: 73009354.
Edward Keynes. Undeclared War: Twilight Zone of Constitutional Power. University Park, PA: Pennsylvania State University Press, 1991. LCCN: 92153083.
KF5060 .K48 1982
John F. Lehman. Making War: The 200-Year-Old Battle Between the President and Congress Over How America Goes to War. New York: Scribner’s; Toronto: Maxwell Macmillan Canada; New York: Maxwell Macmillan International, 1992. LCCN: 91039228.
KF5060 .L44 1992
Charles A. Lofgren. “Government from Reflection and Choice”: Constitutional Essays on War, Foreign Relations, and Federalism. New York: Oxford University Press, 1986. LCCN: 86002357.
KF4651 .L64 1986
Maeva Marcus. Truman and the Steel Seizure Case: The Limits of Presidential Power. New York: Columbia University Press, 1977. LCCN: 77004095.
Christopher N. May. In the Name of War: Judicial Review and the War Powers Since 1918. Cambridge, MA: Harvard University Press, 1989. LCCN: 88009444.
KF4575 .M39 1989
Clinton Lawrence Rossiter. The Supreme Court and the Commander in Chief. Ithaca: Cornell University Press, 1951.LCCN: 51010308.
Clinton Lawrence Rossiter. The Supreme Court and the Commander in Chief. Expanded ed. Ithaca, NY: Cornell University Press, 1976. LCCN: 76012815.
KF7220.Z9 R6 1976
Arthur Meier Schlesinger. War and the American Presidency. 1st ed. New York : W.W. Norton, 2004. LCCN: 2004009872.
JZ1480 .S35 2004
Martin S. Sheffer. The Judicial Development of Presidential War Powers. Westport, CT: Praeger, 1999. LCCN: 98038287.
KF5060.A68 S53 1999
Marc E. Smyrl. Conflict or Codetermination?: Congress, the President, and the Power to Make War. Cambridge, MA: Ballinger Pub. Co., 1988. LCCN: 88019237.
KF5060 .S57 1988
Abraham D. Sofaer. War, Foreign Affairs, and Constitutional Power. Cambridge, MA: Ballinger Pub. Co., 1976-1984. LCCN: 76015392.
Paul Schott Stevens. U.S. Armed Forces and Homeland Defense: The Legal Framework. Washington, DC: Center for Strategic and International Studies, 2001. Series: CSIS report. LCCN: 2001006308.
KF5060 .S74 2001
Ann Van Wynen Thomas and A.J. Thomas, Jr. The War-Making Powers of the President: Constitutional and International Law Aspects. Dallas: SMU Press, 1982. LCCN: 82010541.
KF5060 .T48 1982
Robert F. Turner. Repealing the War Powers Resolution: Restoring the Rule of Law in U.S. Foreign Policy. Washington: Brassey’s, 1991. LCCN: 90024467.
KF5060 .T86 1991
Robert F. Turner. The War Powers Resolution: Its Implementation in Theory and Practice. Philadelphia, PA: Foreign Policy Research Institute, 1983. LCCN: 82024192.
KF5060 .T87 1983
The U.S. Constitution and the Power to Go to War: Historical and Current Perspectives. Edited by Gary M. Stern and Morton H. Halperin, prepared under the auspices of the Center for National Security Studies. Westport, CT: Greenwood Press, 1994. LCCN: 93015840.
KF5060.A75 U8 1994
Frank Everson Vandiver. How America Goes to War. Westport, Conn.: Praeger, 2005. LCCN: 2005004212.
E181 .V36 2005
Lawrence R. Velvel. Undeclared War and Civil Disobedience: The American System in Crisis. New York, Dunellen Co., 1970. LCCN: 75125541.
War Powers and the Constitution. John Charles Daly, moderator; Dick Cheney … [et al.]; with an appendix by Gerald R. Ford; held on December 6, 1983, and sponsored by the American Enterprise Institute for Public Policy Research. Washington: AEI, 1984. LCCN: 84070313.
KF5060.Z9 W36 1984
Earl Warren. The Bill of Rights and the Military. New York: New York University Law Center, 1962. LCCN: 65006815.
Donald L. Westerfield. War Powers: The President, the Congress, and the Question of War. Westport, CT: Praeger, 1996. LCCN: 95043774.
KF5060 .W457 1996
Alan F. Westin. The Anatomy of a Constitutional Law Case: Youngstown Sheet and Tube Co. v. Sawyer; the Steel Seizure Decision. New York, Macmillan, 1958. LCCN: 58009839.
Alan F. Westin. The Anatomy of a Constitutional Law Case: Youngstown Sheet and Tube Co. v. Sawyer, the Steel Seizure Decision. Morningside ed. New York: Columbia University Press, 1990. LCCN: 90039178.
KF5060 .W46 1990
William Whiting. War Powers under the Constitution of the United States: Military Arrests, Reconstruction and Military Government. 43d ed. Boston, Lee and Shepard; New York, Lee, Shepard and Dillingham, 1871. LCCN: 09023595. Microfilm 01291 reel 182, no. 4 E.
KF5060 .W55 1871
W. Scott Wilkinson. Little Rock Case: Authority of the President to Use Federal Troops in a State of the Union. [s.l.]: Wilkinson, 1957. LCCN: 77363418.
Francis Dunham Wormuth and Edwin B. Firmage. To Chain the Dog of War: The War Power of Congress in History and Law. 2nd ed. Urbana, IL: University of Illinois Press, 1989. LCCN: 88020808.
KF4941 .W67 1989
John Yoo. The Powers of War and Peace: the Constitution and Foreign Affairs after 9/11. Chicago: University of Chicago Press, 2005. LCCN: 2005004222
KF5060 .Y66 2005
Journal Articles and ReportsJay Alan Bauer. Detainees Under Review: Striking the Right Constitutional Balance Between the Executive’s War Powers and Judicial Review. 57 Alabama Law Review 1081 (Summer 2006).
Eileen Burgin. Rethinking the Role of the War Powers Resolution: Congress and the Persian Gulf War. 21 Journal of Legislation 23 (Winter 1995).
Stephen L. Carter. The Constitutionality of the War Powers Resolution. 70 Virginia Law Review 101 (February 1984).
Gerhard Casper. Executive-Congressional Separation of Power during the Presidency of Thomas Jefferson. 47 Stanford Law Review 479 (February 1995).
Geoffrey S. Corn. Clinton, Kosovo, and the Final Destruction of the War Powers Resolution. 42 William and Mary Law Review 1149 (April 2001).
Kelly L. Cowan. Rethinking War Powers Resolution: a Strengthened Check on Unfettered Presidential Decision Making Abroad. 45 Santa Clara Law Review 99 (Winter 2004).
David P. Currie. Rumors of Wars: Presidential and Congressional War Powers, 1809-1829. 67 University of Chicago Law Review 1 (Winter 2000).
Lori Fisler Damrosh. The Constitutional Responsibility of Congress for Military Engagements.(Agora: The 1994 U.S. Action in Haiti). 89 American Journal of International Law 58 (January 1995).
Lori Fisler Damrosch. The Clinton Administration and War Powers. 63 Law and Contemporary Problems 125 (Winter-Spring 2000). Available online at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=256831
Andrew M. Egeland Jr. The Legal Limitations on the Use of Military Forces under the War Powers Resolution. 25 Air Force Law Review 146 (Spring 1985).
John Hart Ely. Suppose Congress Wanted a War Powers Act that Worked. 88 Columbia Law Review 1379 (November 1988).
Heather J. Enlow. Inward v. Outward: the Limits of Presidential War Powers in the Domestic Sphere. 4 Georgetown Journal of Law & Public Policy 483 (Summer 2006).
Edwin B. Firmage. The War Power of Congress and Revision of the War Powers Resolution. 17 Journal of Contemporary Law 237 (Fall 1991).
Louis Fisher. Congressional Abdication: War and Spending powers.(The Presidency: Twenty-Five Years After Watergate). 43 Saint Louis University Law Journal 931 (Summer 1999).
Christopher A. Ford. War Powers as We Live Them: Congressional-Executive Bargaining Under the Shadow of the War Powers Resolution. 11 The Journal of Law & Politics 609 (Fall 1995).
Yonkel Goldstein. The Failure of Constitutional Controls Over War Powers in the Nuclear Age: the Argument for a Constitutional Amendment. 40 Stanford Law Review 1543 (July 1988).
Nicholas G. Green. (Case Note). A “Blank Check”: Judicial Review and the War Powers. 56 South Carolina Law Review 581 (Spring 2005).
Kevin J. Hale (Colonel), The War Powers Resolution: Intent, Implication, and Impact, Research Project A38, The Industrial College of the Armed Forces, National Defense University (1993). Available online at: http://www.ndu.edu/library/ic6/93A38.pdf (PDF).
H. Lee Halterman et al. The Fog of War [Powers]. 37 Stanford Journal of International Law 197 (Winter 2001).
William H. Hardy Jr. A Tug of War: the War Powers Resolution and the Meaning of “Hostilities”. 15 Pacific Law Journal 265 (January 1984).
Kenneth L. Heisz. Congressional Standing to Litigate War Powers Resolution Claims. 11 Loyola of Los Angeles International and Comparative Law Journal 613 (Summer 1989).
Paul Hemesath. Who’s Got the Button – Nuclear War Powers Uncertainty in the Post-Cold War Era. 88 Georgetown Law Journal 2473 (August 2000).
Jeffrey M. Hirsch. Can Congress Use Its War Powers to Protect Military Employees From State Sovereign Immunity, 34 Seton Hall Law Review 999 (Spring 2004). Available online at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=479102
Gerald G. Howard. Combat in Kosovo: Ignoring the War Powers Resolution. 38 Houston Law Review 261 (Spring 2001).
Allan Ides. Congress, Constitutional Responsibility and the War Power. 17 Loyola of Los Angeles Law Review 599 (Summer 1984).
Jacob K. Javits and Winslow T. Wheeler. The War Powers of the President and Congress. 57 New York University Law Review 848 (October 1982).
Michael P. Kelly. Fixing the War Powers. 141 Military Law Review 83 (Summer 1993).
Edward Keynes. The War Powers Resolution: a Bad Idea Whose Time Has Come and Gone. (1992 Symposium Issue: “War and the Law”). 23 The University of Toledo Law Review 343 (Winter 1992).
Dennis J. Kucinich. The Power to Make War. 34 Loyola of Los Angeles Law Review 61 (November 2000).
Monroe Leigh. A Modest Proposal for Moderating the War Powers Controversy. 11 George Mason University Law Review 195 (Fall 1988).
Andrew D. LeMar. War Powers: What are They Good for? Congressional Disapproval of the President’s Military Actions and the Merits of a Congressional Suit against the President. 78 Indiana Law Journal 1045 (Fall 2003).
David I. Lewittes. Constitutional Separate of War Powers: Protecting Public and Private Liberty. 57 Brooklyn Law Review 1083 (Winter 1991).
John O. McGinnis. Constitutional Review by the Executive in Foreign Affairs and War Powers: A Consequence of Rational Choice in the Separation of Powers. 56 Law & Contemporary Problems 293 (Autumn 1993).
Memorandum Opinion for the Deputy Counsel to the President, The President’s Constitutional Authority to Conduct Military Operations Against Terrorists and Nations Supporting Them, September 25, 2001. Available online at: http://www.usdoj.gov/olc/warpowers925.htm
Andre Miksha. Declaring War on the War Powers Resolution. 37 Valparaiso University Law Review 651 (Spring 2003).
Jide Nzelibe. A Positive Theory of the War Powers Constitution, Northwestern Law & Econ Research Paper No. 05-03, February 15, 2005. Available online at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=667382.
Jide Nzelibe and John C. Yoo. Rational War and Constitutional Design. Symposium on Executive Power. 115 Yale Law Journal 2512 (July 2006).
Christopher Rebel J. Pace. The Art of War under the Constitution. 95 Dickinson Law Review 557 (Spring 1991).
Joshua Lee Prober. Congress, the War Powers Resolution, and the Secret Political Life of “a Dead Letter.” 7 The Journal of Law & Politics 177 (Fall 1990).
Michael D. Ramsey. Textualism and War Powers. 69 University of Chicago Law Review 1543 (Fall 2002).
Michael D. Ramsey. Text and History in the War Powers Debate: A Reply to Professor Yoo. 69 University of Chicago Law Review 1685 (Fall 2002).
Harold C. Relyea, Congressional Research Service, National Emergency Powers, CRS Report for Congress, 98-505 GOV, updated September 18, 2001, available from the U.S. State Department Web site at: http://fpc.state.gov/documents/organization/6216.pdf (PDF).
Patrick D. Robbins. The War Powers Resolution after Fifteen Years: a Reassessment. 38 American University Law Review 141 (Fall 1988).
John W. Rolph. The Decline and Fall of the War Powers Resolution: Waging War Under the Constitution After Desert Storm. 40 Naval Law Review 85 (Winter 1992).
Eugene V. Rostow. “Once More unto the Breach”: the War Powers Resolution Revisited. 21 Valparaiso University Law Review 1 (Fall 1986).
Bennett C. Rushkoff. A Defense of the War Powers Resolution. 93 Yale Law Journal 1330 (June 1984).
Peter M. Shane. Learning McNamara’s ‘Lessons’: How the War Powers Resolution Advances the Rule of Law. 47 Case Western Reserve Law Review 1281 (Summer 1997).
Walter G. Sharp. Repealing the War Powers Resolution: Restoring the Rule of Law in U.S. Foreign Policy. 137 Military Law Review 246 (Summer 1992).
Martin S. Sheffer. Does Absolute Power Corrupt Absolutely – Part I – A Theoretical Review of Presidential War Powers. 24 Oklahoma City University Law Review 233 (Spring and Summer 1999).
Andrew K. Schiff. The War Powers Resolution: from the Halls of Congress to the Hills of Bosnia, Inertia Should Give Way to Post-Cold War Reality. 11 American University Journal of International Law and Policy 877 (Sept-Oct 1996).
J. Gregory Sidak. The Quasi War Cases – and Their Relevance to Whether “Letters of Marque and Reprisal” Constrain Presidential War Powers. 28 Harvard Journal of Law & Public Policy 465 (Spring 2005).
Ronald J. Sievert. Campbell v. Clinton and the Continuing Effort to Reassert Congress’ Predominant Constitutional Authority to Commence, or Prevent, War. 105 Dickinson Law Review 157 (Winter 2001).
Keith D. Simmons. Revising the War Powers Resolution: a Wrong Answer. Army Lawyer 21(January 1989).
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William B. Spong Jr. The American Constitutional War Powers from Afar – Another Look. 19 Federal Law Review 98 (March 1990).
Douglas L. Steele. Covert Action and the War Powers Resolution: Preserving the Constitutional Balance. 39 Syracuse Law Review 1139 (Fall 1988).
Mark B. Stern. Congress, Standing and the War Powers Act. 37 Stanford Journal of International Law 205 (Winter 2001).
Jane E. Stromseth. Rethinking War Powers: Congress, the President, and the United Nations. 81 Georgetown Law Journal 597 (March 1993).
David Thoreen. The President’s Emergency War Powers and the Erosion of Civil Liberties in Pynchon’s Vineland. 24 Oklahoma City University Law Review Number 3 (1999). Available online at: http://tarlton.law.utexas.edu/lpop/etext/okla/thoreen24.htm
Robert G. Torricelli. The War Powers Resolution after the Libyan and Persian Gulf Crises. 19 Seton Hall Law Review 154 (Winter 1989).
The Nixon Administration and War Powers Legislation, Foreign Relations, 1969-1976, Volume II, June 19, 1969, Available online from the Department of State Web site at: http://www.state.gov/documents/organization/77859.pdf (PDF)
William Michael Treanor. Fame, the Founding, and the Power to Declare War. 82 Cornell Law Review 695 (May-June 1997).
William Michael Treanor. The War Powers Outside the Courts. 81 Indiana Law Journal 1333 (Fall 2006).
Cyrus Vance. Striking the Balance: Congress and the President under the War Powers Resolution. 133 University of Pennsylvania Law Review 79 (December 1984).
War and Responsibility: A Symposium on Congress, the President and The Authority to Initiate Hostilities, 50 University of Miami Law Review (October 1995)
Matthew S. Weingast. The Strategic Necessity Perspective: a New Approach to Solving Old Constitutional War Powers Questions. 8 United States Air Force Academy Journal of Legal Studies 81(Annual 1997).
Cassandra L. Wilkinson. Constitutional Law: the Province and Duty of the Judicial Department: Why the Court Cannot Continue to Use Justiciability to Avoid Dealing with the Tension between Congress and the President Regarding the War Powers. 56 Oklahoma Law Review 697 (Fall 2003).
John C. Yoo. The Continuation of Politics by Other Means: the Original Understanding of War Powers. 84 California Law Review 167 (March 1996).
John C. Yoo. Clio at War: The Misuse of History in the War Powers Debate. 70 University of Colorado Law Review 1169 (Fall 1999).
John C. Yoo. War and the Constitutional Text. 69 University of Chicago Law Review 1639 (Fall 2002).
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