The Proposed 2009 War Powers Consultation Act

Abstract : President Obama and the 111th Congress should repeal the 1973 War Powers Resolution (Resolution) and enact the Proposed 2009 War Powers Consultation Act (Act) in its place. The Act will correct the constitutional issues and policy defects associated with the Resolution. More importantly, the Act will serve to restore the proper balance of power between the President and Congress relating to any decision to commit U.S. Armed Forces to significant armed conflict. Unless one of the limited exceptions outlined in the Act applies, the President must first consult with Congress and Congress must vote on whether to send American forces into a hostile situation. Greater cooperation and participation by both political branches will result in two significant benefits. First, those fundamental democratic principles relating to national security and a proper balance of power between the political branches will be reinforced. Second, there is a genuine pragmatic strategic advantage when both the President and Congress participate in any decision to engage the military. The government leg of the Clausewitzian trinity is strengthened when both political branches of government participate in matters of national security.