ABSTRACT

Supporters of congressional reassertion in foreign policy and opponents agree that the critical flaw in the War Powers Resolution has been Congress' lack of will in enforcing its provisions. In spite of the potential for conflict between the branches on the issue, the Chadha decision has had little if any impact on the actual effectiveness of the War Powers Resolution. The defense of the War Powers Resolution often revolves around the determination of its authors to neither undercut nor widen the powers delegated to the legislative and executive branches in the Constitution, rather to empower them in a contemporary form. Looking at the legislative history of the War Powers Resolution shows that even when attempting to clarify its intent Congress has left the provisions extremely murky. Though the statutory provisions of the War Powers Resolution held the potential of significantly readjusting the balance of decision-making power between the executive and legislature, in the end they proved feeble.