American Politics Today - Essentials (3rd Ed)

302 CHAPTER 10|THE PRESIDENCY

deployments of troops to Iraq and Afghanistan also occurred without further con-

gressional approval.)

Congress has the power to declare war, but this power by itself does not con-

strain the president. In fact, even though the United States has been involved in

hundreds of military confl icts since the Founding, there have been only fi ve dec-

larations of war: the War of 1812, the Mexican-American War (1846), the Spanish-

American War (1898), World War I (1917), and World War II (1941). However,

especially in recent years, members of Congress have used other methods to try to

constrain presidential war-making powers.

In particular, Congress enacted the War Powers Resolution in 1973 (see Nuts

and Bolts 10.2). However, between 1975 and 2003, despite dozens of U.S. military

actions—ranging from embassy evacuations to large-scale operations, including

the 1991 Persian Gulf War and the invasions of Iraq and Afghanistan—the War

Powers Resolution has been invoked only once.^21 Moreover, despite being in eff ect

for nearly 40 years, it has never faced Supreme Court review. Some scholars have

argued that the resolution actually expands presidential power because it gives the

president essentially unlimited control for the fi rst 90 days of a military operation.^22

Despite its limitations, the War Powers Resolution has forced presidents to

gain congressional approval, in the form of congressional resolutions, for large-

scale military actions such as the invasion of Iraq, as well as for lesser operations

such as the deployments of peacekeeping forces in Bosnia during the 1990s. Mem-

bers of Congress can also curb a president’s war-making powers through budget

restrictions, legislative prohibitions, and, ultimately, impeachment (we discuss

impeachment later in this chapter).^23

TREATY MAKING AND FOREIGN POLICY

Treaty-making power is shared between Congress and the president: presidents

and their staff negotiate treaties; these are then sent to the Senate for approval,

which requires the support of a two-thirds majority. Congress considers trea-

THE WAR POWERS RESOLUTION OF 1973

NUTS & bolts

1. The president is required to report to Congress any introduction of U.S. forces into hostilities or
   imminent hostilities.


2. The use of force must be terminated within 60 days unless Congress approves of the deployment. The
   time limit can be extended to 90 days if the president certifi es that additional time is needed to safely
   withdraw American forces.


3. The president is required whenever possible to consult with Congress before introducing American
   forces into hostilities or imminent hostilities.


4. Any congressional resolution authorizing the continued deployment of American forces will be consid-
   ered under expedited procedures.

Source: Richard F. Grimmett, “The War Powers Resolution: After Thirty Years,” Congressional Research Service

Report RL32267, March 11, 2004.

10.2