Can Congress stop Presidents from starting a major war?

The ability of Congress to stop Presidents from starting a major war is rooted in the constitutional and statutory framework of the United States, but it is complex and often contested.

Constitutional Powers

Under Article I, Section 8 of the U.S. Constitution, Congress has the exclusive power "to declare War," which is generally interpreted to mean that Congress has the authority to initiate hostilities. However, the extent to which this limits the President's ability to use military force without congressional approval is debated. Many scholars agree that the Declare War Clause grants Congress an exclusive power to declare war, and most also believe that Presidents cannot initiate wars on their own authority, although there is some disagreement on this point13.

War Powers Resolution of 1973

To address concerns about presidential overreach in military matters, Congress passed the War Powers Resolution in 1973. This resolution requires the President to:

• Notify Congress within 48 hours of committing armed forces to military action.
• Withdraw forces within 60 days (with a 30-day withdrawal period) unless Congress authorizes the use of military force or declares war.
• Consult with Congress until the forces are no longer engaged in hostilities23.

Practical Implementation

Despite these provisions, Presidents have often used military force without formal declarations or express congressional consent. For example, Presidents have engaged in military operations in Korea, Vietnam, Libya, and Iraq without explicit congressional declarations of war. However, Congress has sometimes provided statutory authorizations for the use of force, such as the Authorization for Use of Military Force (AUMF) after the September 11 attacks13.

Constitutional Controversies

The War Powers Resolution has been controversial, with some arguing it is unconstitutional because it alters the balance of power between the legislative and executive branches. However, it remains in effect and has been used by Congress to assert its authority over war powers23.

Conclusion

While Congress has the constitutional and statutory tools to limit the President's ability to start a major war, the practical application of these powers is often contested. Congress can:

• Refuse to authorize military action.
• Cut off funding for military operations.
• Use the War Powers Resolution to require the President to withdraw forces.
• Potentially impeach and remove the President for abuses of power.

However, the historical record shows that Presidents have frequently found ways to use military force without full congressional approval, leading to ongoing debates about the limits of presidential and congressional authority in this area.