Fighting has broken out in the foreign island State of Katamaran. President Mandino, elected by popular vote, is struggling for survival against an uprising by significant parts of her own military forces. Upon an urgent telephone call for help by President Mandino, President Bush decides to provide air cover for the ground operations of her embattled government. The Katamaran Government and the U.S. armed forces meet with a great deal more resistance than they anticipated. The fighting is now in its fourth week, and the indication is that this could be another Vietnam.
Congressional leaders are worried about the possibility of an unpopular and costly war.
They are also furious that the President did not comply with the requirements of the War Powers Resolution. The Congress, however, has not yet invoked its authority under the Resolution to direct the President to remove U.S. forces from the conflict. Meanwhile, a few members of Congress have taken the issue to court claiming that the President's action, which they see to be in violation of the War Powers Resolution, has deprived them of their constitutional role with respect to the use of military power. Assume you are the clerk of the federal district judge who has been assigned the case. The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilites or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and after every such introduction shall consult regularly with the Congress until United States Armed Forces are no longer engaged in hostilities or have been removed from such situations.