The War Powers Resolution

The War Powers Resolution
Author: Congressional Research Service
Publisher: Createspace Independent Publishing Platform
Total Pages: 98
Release: 2017-04-03
Genre:
ISBN: 9781545111680

This report discusses and assesses the War Powers Resolution and its application since enactment in 1973, providing detailed background on various cases in which it was used, as well as cases in which issues of its applicability were raised. It will be revised biannually. In the post-Cold War world, Presidents have continued to commit U.S. Armed Forces into potential hostilities, sometimes without a specific authorization from Congress. Thus the War Powers Resolution and its purposes continue to be a potential subject of controversy. On June 7, 1995, the House defeated, by a vote of 217-201, an amendment to repeal the central features of the War Powers Resolution that have been deemed unconstitutional by every President since the law's enactment in 1973. In 1999, after the President committed U.S. military forces to action in Yugoslavia without congressional authorization, Representative Tom Campbell used expedited procedures under the Resolution to force a debate and votes on U.S. military action in Yugoslavia, and later sought, unsuccessfully, through a federal court suit to enforce presidential compliance with the terms of the War Powers Resolution. The War Powers Resolution P.L. 93-148 was passed over the veto of President Nixon on November 7, 1973, to provide procedures for Congress and the President to participate in decisions to send U.S. Armed Forces into hostilities. Section 4(a)(1) requires the President to report to Congress any introduction of U.S. forces into hostilities or imminent hostilities. When such a report is submitted, or is required to be submitted, Section 5(b) requires that the use of forces must be terminated within 60 to 90 days unless Congress authorizes such use or extends the time period. Section 3 requires that the "President in every possible instance shall consult with Congress before introducing" U.S. Armed Forces into hostilities or imminent hostilities. From 1975 through March 2017, Presidents have submitted 168 reports as the result of the War Powers Resolution, but only one, the 1975 Mayaguez seizure, cited Section 4(a)(1), which triggers the 60-day withdrawal requirement, and in this case the military action was completed and U.S. armed forces had disengaged from the area of conflict when the report was made. The reports submitted by the President since enactment of the War Powers Resolution cover a range of military activities, from embassy evacuations to full-scale combat military operations, such as the Persian Gulf conflict, and the 2003 war with Iraq, the intervention in Kosovo, and the anti-terrorism actions in Afghanistan. In some instances, U.S. Armed Forces have been used in hostile situations without formal reports to Congress under the War Powers Resolution. On one occasion, Congress exercised its authority to determine that the requirements of Section 4(a)(1) became operative on August 29, 1983, through passage of the Multinational Force in Lebanon Resolution (P.L. 98-119). In 1991 and 2002, Congress authorized, by law, the use of military force against Iraq. In several instances none of the President, Congress, or the courts has been willing to initiate the procedures of or enforce the directives in the War Powers Resolution.

Women in Combat

Women in Combat
Author: Congressional Research Service
Publisher: Createspace Independent Publishing Platform
Total Pages: 44
Release: 2017-01-09
Genre:
ISBN: 9781542450041

Over the past two decades of conflict, women have served with valor and continue to serve on combat aircraft, naval vessels, and in support of ground combat operations. The expansion of roles for women in the Armed Forces has evolved since the early days of the military when women were restricted by law and policy from serving in certain occupations and units. Women have not been precluded by law from serving in any military unit or occupational specialty since 1993 when Congress repealed the remaining prohibitions on women serving on combatant aircraft and vessels. However, Department of Defense (DOD) policies have prevented women from being assigned to units below brigade level where the unit's primary mission was to engage directly in ground combat. This policy barred women from serving in infantry, artillery, armor, combat engineers, and special operations units of battalion size or smaller. On January 24, 2013, then-Secretary of Defense Leon Panetta rescinded the rule that restricted women from serving in combat units and directed the military departments and services to review their occupational standards and assignment policies and to make recommendations for opening all combat roles to women no later than January 1, 2016. On December 3, 2015, Secretary of Defense Ashton Carter ordered the military to open all combat jobs to women with no exceptions. This most recent policy change followed extensive studies that were completed by the military departments and by the Special Operations Command (SOCOM) on issues such as unit cohesion, women's health, equipment, facilities modifications, propensity to serve, and international experiences with women in combat. These studies also included a review and validation of gender-neutral occupational standards for combat roles where such standards existed. On March 10, 2016, Secretary Carter announced that the Services' and SOCOM's implementation plans for the integration of women into direct ground combat roles were approved. Some concerns about the implementation of the new policy remain, including the recruitment, assignment, and career management of women into the new roles, and the impact of integration on unit readiness. Congress has oversight authority in these matters, and may also consider issues such as equal opportunity, equal responsibility (such as selective service registration), and the overall manpower needs of the military.

Early California Laws and Policies Related to California Indians

Early California Laws and Policies Related to California Indians
Author: Kimberly Johnston-Dodds
Publisher: California Research Bureau
Total Pages: 60
Release: 2002
Genre: Law
ISBN:

Created by the California Research Bureau at the request of Senator John L. Burton, this Web-site is a PDF document on early California laws and policies related to the Indians of the state and focuses on the years 1850-1861. Visitors are invited to explore such topics as loss of lands and cultures, the governors and the militia, reports on the Mendocino War, absence of legal rights, and vagrancy and punishment.