A brief look at the War Powers Act of 1973

The War Powers Resolution of 1973 — also called the War Powers Act — was written to limit a president’s ability to send U.S. forces into combat without lawmakers signing off.

Under the law, the president must notify Congress within 48 hours of military action. Additionally, troops can’t remain engaged for more than 60 days without congressional approval.

The Constitution splits war powers: Congress declares war and controls the purse. At the same time, the president is the commander-in-chief, and the War Powers Act is supposed to serve as a balance.

The breaking point

During the Korean and Vietnam wars, presidents committed U.S. forces without formal declarations of war. Matters escalated during the Vietnam War, particularly after the Gulf of Tonkin Incident and the expansion of fighting into Cambodia under then-President Richard Nixon — including secret bombings Congress wasn’t told about.

So in 1973, lawmakers passed the War Powers Resolution to reassert their authority. Nixon vetoed it, but Congress overrode him, and it became law anyway.

Has it worked?

Since 1973, presidents have filed more than 130 reports under the law — covering everything from evacuations in Cambodia to deployments to Lebanon, the Persian Gulf, Kosovo, Libya, and more.

Presidents from Ronald Reagan to Barack Obama have tested the limits of the law. Some military actions have lasted more than 60 days. Others were framed as something short of “war.”

The executive branch argues it needs flexibility. Congress argues it’s supposed to be in the driver’s seat when it comes to war.

The bottom line is that the War Powers Resolution was Congress trying to pull the reins back. Fifty years later, the tug-of-war is still going on, as evidenced by Operation Epic Fury, the latest military action.