REVISING THE WAR POWERS ACT

The issues that prompted the passing of the War Powers Act will continue to bedevil us again if Congress does not prepare to meet the future with seriously asserted procedures to regularize its relationship to the executive branch regarding a recourse to arms. There were unintended ambiguities and unforeseen exigencies in the original war powers legislation that have confounded systematic application of that act. Also inhibiting Congress has been an acceptance of an incorrect formula-that the War Powers Act "report" triggers the withdrawal of U.S. troops no later than 90 days after they were first committed. In fact, it is not the report that triggers the 90-day clock, but the military activity itself that starts the 90-day clock, irrespective of any report. An improved War Powers Act would require the executive to provide reports that are more timely and more extensive. It would rethink the obligation that troops return within 90 days. And it would compel more thorough consultations pursuant to any military undertaking. An improved war powers statute would come to grips with the "standing" of Congress in court and the financing of any proposed military undertaking.