AP Success - AP U.S. Gov & Pol: Concept Application: War Powers Resolution: Constitutional Provisions & Presidential Criticisms

In 1973, the United States wrapped up nearly a decade of intense fighting in Vietnam. As the Paris Peace Accords that year ended American involvement, Congress took up the issue of how Presidents Kennedy, Johnson, and Nixon had engaged in that conflict for so long without Congress’ consent.

The result of Congress’ debate was the War Powers Resolution of 1973. The law states that a president must ask Congress’ consent to continue a conflict within 48 hours of starting military action. If Congress does not consent, the president must withdraw forces within 60 days. Congress passed the law by overturning President Richard Nixon’s veto.

Although presidents since Nixon have submitted consent requests to Congress regarding military action, many have argued that the law conflicts with their enumerated powers. As of 2023, the Supreme Court has not weighed in on the law’s constitutionality.