The War Powers Resolution, 50 U.S.C. §§ 1541–1548

  • § 1541: Purpose and Policy
    • The President may use the armed forces pursuant to:
      1. a declaration of war by Congress;
      2. specific statutory authorization; or
      3. a national emergency created by an attack upon the United States, its territories or possessions, or its armed forces.
  • § 1542: Consultation of Congress
    • The President must consult Congress before introducing military forces into hostilities—or where hostilities are imminent. He must regularly consult, additionally, after doing so.
  • § 1543: Reporting Requirements
    • In the absence of a Congressional Declaration of War, after introducing forces into hostilities, the President must submit a report to the Speaker of the House within 48 hours. This report must outline:
      1. The circumstances necessitating the use of the armed forces;
      2. The constitutional and legislative authority for doing so; and
      3. the estimated scope and duration of the hostilities/involvement.
        • Must be reassessed every six months.
    • The President must also provide other requested information and status reports.
  • § 1544: Congressional Action
    • The President shall terminate the use of the armed forces within 60 days after submitting a report, unless Congress:
      1. declares war or enacts specific authorization;
      2. extends the 60-day period by law; or
      3. is physically unable to meet due to an armed attack on the United States.
    • There are no formal definitions of "hostilities," "imminent," or "consultation."
      • Therefore, the executive's determination typically controls here.