Antiterrorism and the Withering of the 1973 War Powers Resolution
In an article published in Foreign Affairs shortly before his untimely death, former Senator Jacob K. Javits lauded the enactment of the War Powers Resolution, because "it was the first legislation in our history to establish a statutory framework in which Congress and the president could function so as to give meaning to the constitutional authority over war."' Passed over President Richard Nixon's veto on 7 November 1973, the law contains various procedures to insure that both the legislative and executive branches participate in decisions that may involve the United States in war or hostilities.2 Specifically, Section 3 of the resolution stipulates that "The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances."3 Under Section 4(a)(1), the president must submit to the speaker of the House and the president pro tempore of the Senate within forty-eight hours a written report that identifies the circumstances compelling the deployment of armed forces, the constitutional and legislative authority under which such deployment is taking place, and the estimated scope and duration of the military involvement. Section 5(b) stipulates that within