CONGRESSIONAL LIMITS ON MILITARY OPERATIONS

CONGRESSIONAL LIMITS ON MILITARY OPERATIONS

CONTENTS

PREFACE

Chapter 1 CONGRESSIONAL AUTHORITY TO LIMIT MILITARY OPERATIONS

SUMMARY

INTRODUCTION

I. CONSTITUTIONAL PROVISIONS

Congress’s War Powers

The Commander-in-Chief Clause

II. STATUTORY LIMITATIONS ON THE CONTINUED USE OF MILITARY FORCE

Historical Practice

Implications of the War Powers Resolution

Rescinding Military Authorization Versus Cutting Appropriations: Procedural and Other Considerations

Legal Consequences of Congressional Rescission of Military Authorization, Absent Additional Congressional Action

Judicial Interpretation

Inherent Presidential Authority to Use Military Force Absent Congressional Authorization

III. USE OF THE POWER OF THE PURSE TO RESTRICT MILITARY OPERATIONS

Procedural Considerations

Availability of Alternative Funds

IV. LIMITING DEPLOYMENT OF MILITARY PERSONNEL

ANALYSIS AND CONCLUSION

End Notes

Chapter 2 WAR POWERS LITIGATION INITIATED BY MEMBERS OF CONGRESS SINCE THE ENACTMENT OF THE WAR POWERS RESOLUTION

SUMMARY

INTRODUCTION1

EL SALVADOR

NICARAGUA

GRENADA

PERSIAN GULF CONFLICT BETWEEN IRAN AND IRAQ

IRAQ’S INVASION OF KUWAIT

NATO’S AIR WAR IN KOSOVO AND YUGOSLAVIA

REGIME CHANGE AND DISARMAMENT IN IRAQ

RECENT DEVELOPMENTS INVOLVING LIBYA

CONCLUSION

End Notes

Chapter 3 WAR POWERS RESOLUTION: PRESIDENTIAL COMPLIANCE

SUMMARY

MOST RECENT DEVELOPMENTS

BACKGROUND AND ANALYSIS

UNITED NATIONS ACTIONS

FORMER YUGOSLAVIA/BOSNIA

KOSOVO

IRAQ: POST 1991

HAITI

SOMALIA

LIBYA

INSTANCES FORMALLY REPORTED UNDER THE WAR POWERS RESOLUTION

CONSULTATION WITH CONGRESS

ISSUES FOR CONGRESS

INDEX