You’re going to hear and read the false, tired assertion that the War Powers Resolution (or Act) allows the president to take offensive military action without congressional approval for 60-90 days. Here’s why that’s not true:
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Read (1), (2), and (3) carefully. Is there any suggestion that the president can take *offensive* military action without congressional approval? No. The only situation in which he may dispense with congressional approval is to *defend* against a sudden attack on our country.
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Why then do some people say the president always has 60-90 days before needing approval? It probably stems, in most cases, from a misreading of (or failure to read in part or entirety) the War Powers Resolution.
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The War Powers Resolution does provide a 60-90 day timeline, but that’s to account for situations implicating §1541(c)(3), “a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.”
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If there is an attack on our country, we expect the president to respond swiftly. The War Powers Resolution therefore gives him 60-90 days. The Framers of the Constitution agreed that the president should have the “power to repel sudden attacks” without congressional approval.
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The War Powers Resolution does not confer any new authority on the president to take offensive military action without congressional approval (nor could it). It instead checks the president when he enters our Armed Forces into hostilities for constitutionally permissible reasons.
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You can read the War Powers Resolution here: https://www.law.cornell.edu/uscode/text/50/1541 ….
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End of conversation
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Wrong we have over 2000 in Syria, There for we need to prevent chemical from ever been used against our troops!
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We have been under a national emergency since 9/11/01.https://www.whitehouse.gov/briefings-statements/message-congress-united-states/ …
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No, 1541(c) is a congressional explanation of the President’s Constitutional authority to act without Congress. 1543 et al is a statutory scheme to saying what the procedure is when the President must act in concert with Congress.
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