The Constitution clearly defines the powers that Congress and the President are to share concerning war-making. The President is the Commander-in-Chief of the Armed Forces, while the Congress has the power to declare war and raise and support the army and the navy. The President has gradually encroached on Congress' power, however, to the point where war is declared de facto by the President. The War Powers Resolution was passed by Congress in 1973 to attempt to rectify this imbalance. Due to flaws in the Resolution, however, Congress has been unable to force the President¹s compliance and the federal courts have been unwilling to adjudicate the matter. If Congress is serious about regaining its lost war powers, changes must be made to the Resolution.
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Shriver, Ernest, "Strengthening the Toy Handcuff: The Future of the War Powers Resolution" (1994). Honors Theses. 465.