Historical Context
Which conflict was fought without a formal declaration of war from Congress and was the immediate backdrop to the War Powers Act?
The Vietnam War
Which Federalist Paper argued that a unitary executive was necessary to respond to crises and protect the nation from foreign threats? AND who was it written by?
What were the initial House and Senate bills called BEFORE the Act was finalized?
House: Joint-Res 542
Senate: S.440
Who vetoed the War Powers Act, and WHY?
President Nixon vetoes the bill, warning it imposes “dangerous and unconstitutional restrictions” on presidential power.
What was Saigon?
The Fall of Saigon was the capture of South Vietnam's capital by North Vietnamese forces, marking the end of the Vietnam War and the reunification of Vietnam under communist rule.
The Gulf of Tonkin Resolution is often viewed as a legislative predecessor to the War Powers Act because it ceded great authority to the president. In what year was it passed?
1964
Where in the Constitution does it designate the President as the Commander-in-Chief of the armed forces?
Article II, Section 2
If POTUS decides to send in troops, they must notify Congress within..?
48 hours
By which majority vote can Congress override a presidential veto? Which Houses of Congress must override it?
2/3; both
What was controversial about the invasion of Grenada under President Reagan in 1983?
It triggered extensive debate over executive authority and prompted reporting to Congress under the WPA.
What was the breaking point that prompted the drafting of the War Powers Act?
When the Pentagon Papers were leaked to the press in 1971, and reports of secret operations dating back to the Eisenhower administration emerged
What was the purpose of including Article I, Section 8 in the Constitution?
HINT: What happened after the Constitution's final draft was complete?
It was to appeal to the Anti-Federalists, as they hated the idea of a unitary executive, and included it to ensure they would ratify the Constitution
What is the sixty-day clock, AND how many days does POTUS have to withdraw troops unless authorized for prolonged deployment by Congress?
Troops cannot stay in combat for more than 60 days
Troops have 30 days (in addition to the 60 days) to withdraw from combat zones
True or False: Existing treaties and laws permit POTUS to deploy troops
False -- it must be clear and explicit in the WPA or the AUMF themselves
What is a legislative veto?
Allows Congress to overturn executive actions with a one-house vote
Who leaked the Pentagon Papers?
Daniell Ellsberg and Anthony Russo
WHERE in the Constitution does it require the Senate to ratify all international treaties that POTUS negotiates?
NOTE: Article, Section, CLAUSE
Article II, Section 2, Clause 2
Which respective committees were the original bills referred to? AND, what was the procedure in which both bills were legislated into one?
House Foreign Affairs Committee, Senate Foreign Relations Committee, Conference Committee
What is the Separability Clause in the War Powers Act?
If any part of the law is struck down, the rest still stands.
Why did the INS v. Chadha ruling invalidate the legislative veto?
It violated the Constitution's bicameralism and Presentment Clauses by not requiring full congressional passage and a Presidential signature
WHAT was the Case-Zablocki Act, WHEN was it passed, and WHY didn't it work?
Attempt to restore the balance of power by requiring POTUS to report all international agreements, treaties, military ops, etc
Passed in 1972
Didn't work because agreements could be reclassified to avoid proper oversight
Where in the Constitution does it grant Congress the power to declare war, raise and support armies, provide and maintain a navy, and make rules for the governance of military forces?
NOTE: Article, Section, CLAUSE
Article I, Section 8, Clauses 11, 12, 13, 14, 16
According to the original S.440, when is POTUS allowed to deploy troops?
HINT: There are 3 instances
To repel attacks, protect U.S. citizens, or with explicit congressional authorization.
Hypothetically,
The President orders U.S. airstrikes in a distant country after terrorist attacks on American embassies abroad. No prior consultation with Congress occurs. Forty-eight hours later, the President submits a report explaining the action, but after 60 days, Congress has not authorized the use of force.
Under the War Powers Act, what must the President do at this point?
Withdraw U.S. forces within the next 30 days (unless Congress authorizes the action)
How does the INS v. Chadha ruling impact the War Powers Act?
This ruling affects the War Powers Resolution by saying Congress can’t end military deployments with just one house voting.