Editing War Powers Resolution (section)

===Implementation, 1993–2002===
With the War Powers Resolution’s passing, both the deployment of troops to conflict and the stationing of troops past 60 days would now need prior congressional approval. The president would now need to routinely consult with Congress for the duration of the conflict.<ref>{{Cite journal |last1=Fisher |first1=Louis |last2=Adler |first2=David Gray |date=1998-03-01 |title=The War Powers Resolution: Time to Say Goodbye |url=https://academic.oup.com/psq/article/113/1/1/6945507 |journal=Political Science Quarterly |language=en |volume=113 |issue=1 |pages=1–20 |doi=10.2307/2657648 |jstor=2657648 |issn=0032-3195|url-access=subscription }}</ref> The resolution is considered to be a critically important bill in reestablishing congressional capabilities.<ref>{{Cite journal |title=The War Powers Resolution: Time to Say Goodbye |url=https://academic.oup.com/psq/article-abstract/113/1/1/6945507?redirectedFrom=fulltext&login=false |access-date=2024-11-16 |journal=Political Science Quarterly| date=March 1998 | volume=113 | issue=1 | pages=1–20 | doi=10.2307/2657648 | jstor=2657648 | last1=Fisher | first1=Louis | last2=Adler | first2=David Gray | url-access=subscription }}</ref> Presidents have submitted 130<ref name="ReferenceB">U.S. Library of Congress. Congressional Research Service. War Powers Resolution: Presidential Compliance. Washington: The Service, 2011 (RL33532), Summary.</ref> reports to Congress as a result of the War Powers Resolution, although only one (the [[Mayagüez incident|''Mayagüez'' incident]]) cited Section 4(a)(1) and specifically stated that forces had been introduced into hostilities or imminent danger.

Congress invoked the War Powers Resolution in the [[Multinational Force in Lebanon]] Act (P.L. 98-119), which authorized the [[United States Marine Corps|Marines]] to remain in [[Lebanese Civil War|Lebanon]] for 18 months during 1982 and 1983. In addition, the [[Authorization for Use of Military Force Against Iraq Resolution of 1991]] ({{USPL|102|1}}), which authorized United States combat operations against Iraqi forces during the 1991 [[Gulf War]], stated that it constituted specific statutory authorization within the meaning of the War Powers Resolution.

The Reagan Administration harbored extensive reservations about the War Powers Resolution’s constitutionality and efficacy. Legal Advisor to the State Department Abraham Sofaer argued that the WPR’s deadlines “creates unwise limitations on Presidential authority to deploy U.S. forces in the interests of U.S. national security” and that “the President’s constitutional authority cannot in any case even be impermissibly infringed by statute.”<ref>{{Cite report  
 |author=U.S. Congress, House of Representatives, Subcommittee on Arms Control, International Security and Science of the Committee on Foreign Affairs  
 |title=War Powers, Libya, and State-Sponsored Terrorism: Hearings before the Subcommittee on Arms Control, International Security and Science of the Committee on Foreign Affairs  
 |date=1986  
 |publisher=U.S. Government Printing Office  
 |location=Washington, D.C.  
 |pages=5–60, 230–240  
}}  
</ref> More specifically, the Administration sought to make clear that the resolution should not be applied to anti-terrorist operations, a use of force, according to Sofaer, “that is more analogous to law enforcement activity by policy in the domestic context than it is to the “hostilities” between states.”<ref>Ibid., p. 230–240.</ref>

On November 9, 1993, the House used a section of the War Powers Resolution to state that U.S. forces should be withdrawn from [[History of Somalia#Somali Civil War|Somalia]] by March 31, 1994;{{citation needed|date=June 2019}} Congress had already taken this action in appropriations legislation. More recently, under [[Bill Clinton|President Clinton]], war powers were at issue in [[Yugoslav Wars|former Yugoslavia]], [[Bosnian War|Bosnia]], [[Kosovo War|Kosovo]], [[Bombing of Iraq (December 1998)|Iraq]], and [[Operation Uphold Democracy|Haiti]], and under President [[George W. Bush]] in responding to terrorist attacks against the U.S. after [[September 11 attacks|September 11, 2001]]. "[I]n 1999, President Clinton kept the [[1999 NATO bombing of Yugoslavia|bombing campaign in Kosovo]] going for more than two weeks after the 60-day deadline had passed. Even then, however, the Clinton legal team opined that its actions were consistent with the War Powers Resolution because Congress had approved a bill funding the operation, which they argued constituted implicit authorization. That theory was controversial because the War Powers Resolution specifically says that such funding does not constitute authorization."<ref name="thecaucus.blogs.nytimes.com">[[Charlie Savage (author)|Savage, Charlie]] (2011-04-01) [http://thecaucus.blogs.nytimes.com/2011/04/01/clock-ticking-on-war-powers-resolution/ Clock Ticking on War Powers Resolution], ''[[The New York Times]]'' The Caucus Blog</ref> Clinton's actions in Kosovo were challenged by a member of Congress as a violation of the War Powers Resolution in the D.C. Circuit case ''[[Campbell v. Clinton]]'', but the court found the issue was a [[Justiciability|non-justiciable]] [[political question]].<ref>{{Citation|title=Campbell v. Clinton|date=February 18, 2000|url=https://scholar.google.com/scholar_case?case=2803714193388437750&hl=en&as_sdt=6&as_vis=1&oi=scholarr|volume=203|pages=19|access-date=2017-02-23}}</ref> It was also accepted that because Clinton had withdrawn from the region 12 days prior the 90-day required deadline, he had managed to comply with the act.<ref name="online.wsj.com">[https://www.wsj.com/articles/SB10001424127887323932604579049933342339844 How War Powers, Congressional Action have Intersected Over Time] ''[[The Wall Street Journal]]'' (2013-09-02)</ref>

After the 1991 [[Gulf War]], the use of force to obtain Iraqi compliance with [[United Nations]] resolutions, particularly through enforcement of [[Iraqi no-fly zones]], remained a war powers issue. In October 2002 Congress enacted the [[Iraq Resolution|Authorization for Use of Military Force Against Iraq]] {{USStatute|107|243}}, which authorized President [[George W. Bush]] to use force as necessary to defend the United States against Iraq and enforce relevant United Nations Security Council Resolutions.<ref name="PL107-243">{{USPL|107|243}}</ref> This was in addition to the [[Authorization for Use of Military Force of 2001]].