The War Powers Resolution that Doesn’t Matter

The War Powers Resolution originally passed in 1973 is supposed to restrict the powers of the President in foreign affairs. It does not. In fact, Presidents of both parties have regularly ignored it and denied that it is constitutional. Obama did not but that administration was the exception. Either way of accepting it or not does the resolution actually matter? Is the President restrained by the law? Could Congress actually do anything to stop a Presidential action? Would they?

The Obama-Syria-red lines case is a good example of Congressional will and ability to act on foreign policy with clarity. Everyone condemned the Syrian government's actions in the civil war even before the use of chemical weapons. The red line was not a controversial thing. However, when Obama sought approval from congress for approval to act, they failed to speak. This resulted in the greatest failure of the Obama administration. How this connected to the War Powers Resolution? Simple it demonstrates that even when Congress appears to support an action it may not be able to act.

When Congress opposes a foreign act involving the military could it successfully act against a President? Several issues exist. The War Powers Resolution does not provide any enforcement mechanisms. Not only that any judicial challenge would be nearly impossible to achieve standing. But the true nail in the coffin is the extreme partisanship in Washington. It is nearly impossible for any action to be apolitical. Much foreign policy is politicized beyond belief. Uniting Congress long enough to stop funding for military intervention or pass a veto proof bill would be difficult and useless. Divided government is here to stay. The last two administrations have had two years of unified government each. That’s four of twelve years. Simply partisan thinking on international policy is bad thing. It hampers the ability of the U.S. to conduct itself in the world. Until Congress can agree on a foreign policy direction and preference the Executive should retain the foreign policy making process.