Questions of when and how American military force should be used have become increasingly complex in the 21st Century, as threats to international peace and security continue to evolve. A “war” to fight international terrorism, in which the enemy may not always be in the form of a specific nation-state, has replaced the former Cold War as the primary defense concern of the U.S. The notion of national self-defense has come to include pre-emptive or preventive military action against those perceived to be a threat. It is against this backdrop that the War Powers Committee provides guidance on how the U.S. should constitutionally and prudently make the decision to introduce America's armed forces into hostilities.
The Constitution provides for a division of war powers between the legislative and executive branches. Article I, Section 8 grants Congress the power to raise and support the armed forces and declare war. Article II, Section 2 bestows upon the President the role of Commander in Chief. Finally, Article III provides that the judicial power shall extend to all cases arising under the constitution and laws of the United States, as well as under treaties, and to all controversies with foreign nations. On nearly every occasion that the U.S. military was deployed into combat over the past few decades, including our recent engagements in Afghanistan and Iraq, questions and disputes about the proper division of war powers have come to the forefront.
The 1973 congressional War Powers Resolution was intended to clarify matters and ensure that Congress and the President share in the decision-making process in the event of armed conflict. However, the Resolution may have created more problems than it solved.
Our bipartisan, blue-ribbon War Powers Committee seeks to meaningfully contribute to this national debate on the use of force abroad. It has issued recommendations for improving war powers decision-making and explains the problems that prompted our suggested reforms. Further, it explains the roles of all three branches of government in decisions over the use of force.
Committee members have provided advice to Congress on whether and how legislation to replace the 1973 War Powers Resolution should be enacted. Committee members also continue to remind members of Congress and the executive branch that the Constitution vests the power to declare war exclusively with Congress, and the President, as Commander in Chief, makes all decisions as to how to wage that war.
