Title: War powers litigation initiated by members of Congress since the enactment of the War Powers Resolution
Description: Presidents have continued to maintain that they have sufficient authority independent of Congress to initiate the use of military force; and several Presidents have viewed aspects of the WPR as unconstitutionally infringing upon their Commander-in-Chief authority. Congress has on four occasions enacted authorizations specifically waiving the 60-90 day limitation on the use of force otherwise imposed by the WPR. But on eight occasions Members of Congress have filed suit to force various Presidents to comply with WPR requirements or otherwise to recognize Congress's war powers under the Constitution. In six of the seven cases where final rulings were issued, the courts have found reasons not to render a decision on the merits of the plaintiffs' claims. This report summarizes the seven cases initiated by Members of Congress in which final rulings were reached, which concerned U.S. military activities in El Salvador, Nicaragua, and Grenada; military action taken the during Persian Gulf conflict between Iraq and Iran; U.S. activities in response to Iraq's invasion of Kuwait (prior to the congressional authorization); and U.S. participation in NATO's action in Kosovo and Yugoslavia. This report also briefly discusses the current legal challenge to enjoin further military action against Libya, and discusses more generally the debate surrounding the WPR's application to these military operations.
Subjects: War and emergency powers, Military policy, Separation of powers, United States
Places: United States