Congressional Authority to Limit Military Operations

Author / Creator

Library of Congress. Congressional Research Service. American Law Division

Available as

Online

Summary

Summarizes constitutional provisions allocating war powers between Congress and the President, and presents historical overview of relevant court cases. Considers constitutional authority of Congre...

Summarizes constitutional provisions allocating war powers between Congress and the President, and presents historical overview of relevant court cases. Considers constitutional authority of Congress to end military conflict via legislative action, implications that the War Powers Resolution or repeal of prior military authorization may have upon continued use of military force, and other considerations which may inform Congressional decisions to limit the use of military force via statutory command or through funding limitations. Discusses ability of Congress to limit funding for U.S. participation in hostilities, examines relevant court cases and prior measures taken by Congress to restrict military operations, as well as possible alternative avenues to fund these activities in the event that appropriations are cut. Provides historical examples of measures that restrict use of particular personnel, and presents brief analysis of arguments that might be brought to bear on the question of Congressional authority to limit the availability of troops to serve in ongoing military operations.

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