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Chapter 11 - Congress and the War Powers Act


One consequence of the war in Vietnam was a marked increase in
congressional activism regarding national security policy, a
development that underlined the continuing vitality of the separation
of powers.  The antiwar sentiment that burgeoned in the country during
the Vietnam War was reflected in the Congress, and it helped to revive
legislative interest in national security affairs.

During the Cold War years, the Congress had created large and
experienced staffs to support the work of the congressional committees
directly concerned with national security, such as the House and
Senate committees on military affairs. As a result, it had at its
disposal several means of obtaining its own information on defense
issues, including the Congressional Research Service, the General
Accounting Office and the Congressional Budget Office, which allowed
it to take independent action. Taking advantage of these capabilities,
Congress began to examine executive proposals that had gone largely
unchallenged in earlier years. In 1964 Congress had approved the Gulf
of Tonkin Resolution, which gave President Johnson prior legislative
sanction for intervention in Vietnam, without serious misgivings, but
in 1973 - 1974, it blocked President Nixon's attempts to send military
aid to the faltering government of South Vietnam after the United
States withdrew the last of its forces. Congress also expanded its
investigations of military activities, including mishandled
procurement of equipment and the huge cost overruns that accompanied
the development of many modern weapons systems.

This revival of congressional activity led to the War Powers Act of
1973, which placed limitations on the initiation of military
interventions by the executive branch. Congress specified that such
actions could not continue for more than 60 days without precipitating
congressional review. If Congress did not approve the executive
action, the president would have to withdraw troops. This legislation
forced the executive branch to obtain congressional approval of
significant military operations.

Congress also passed the Budget and Impoundment Control Act (1974),
which imposed restrictions on the president's management of fiscal
appropriations. As in the past, Congress relied heavily on its control
of appropriations to curb military enterprises it deemed undesirable.
Like the War Powers Act, this law strengthened the legislative branch
of government vis-a-vis the executive branch.

The issue of congressional approval arose again in the 1991 Gulf War.
After vigorous debate, Congress approved a resolution supporting U.S.
military action, along with its coalition allies, to liberate Kuwait
from Iraqi occupation in Operation Desert Storm.