Abstract

http://ssrn.com/abstract=1971993
 


 



Curbing the Dog of War: The War Powers Resolution


Donald E. King


affiliation not provided to SSRN

Arthur Leavens


Western New England University School of Law

1977

Harvard International Law Journal, Vol. 18, p. 55, 1977

Abstract:     
This Article develops a theory of the constitutional allocation of the war power and applies it to the provisions of the War Powers Resolution. It examines the constitutional text and analysis of the respective powers of the President and Congres and suggests the division of all United States military activity into three categories: "peacetime deployments,"war threatening actions," and "acts of war." The Authors argue that military actions in the first category are controlled exclusively by the President, in the second controlled both by the President and by Congress through political interaction, and in the third are implemented by the President but require congressional authorization to be constitutionally valid. It argues that those uses of force requiring congressional authorization are three types of authorization -- express, implied, and presumed -- each of which in specified circumstances satisfy the constitutional requirement that Congress authorize acts of war. Finally, this constitutional theory is applied to the provisions of the War Powers Resolution. The Article demonstrates that the Resolution suffers from a number of constitutional infirmities, and that certain aspects of the Resolution legitimately enhance Congress' ability to control war.

Number of Pages in PDF File: 42

Keywords: War Powers Resolutions

Accepted Paper Series


Download This Paper

Date posted: December 16, 2011 ; Last revised: December 28, 2011

Suggested Citation

King, Donald E. and Leavens, Arthur, Curbing the Dog of War: The War Powers Resolution (1977). Harvard International Law Journal, Vol. 18, p. 55, 1977. Available at SSRN: http://ssrn.com/abstract=1971993

Contact Information

Donald E. King
affiliation not provided to SSRN
Arthur Leavens (Contact Author)
Western New England University School of Law ( email )
1215 Wilbraham Road
Springfield, MA 01119
United States

Feedback to SSRN


Paper statistics
Abstract Views: 187
Downloads: 24

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.266 seconds