Future War and the War Powers Resolution

Authors

Eric Talbot Jensen

Abstract

Since its passage in 1973 over the veto of then-President Nixon, the War Powers Resolution (WPR) has failed in its design to require notification and consultation to Congress by the President. Amidst emerging technologies such as drones, cyber tools, nanotechnology, and genomics, the ineffectiveness of the WPR will prove even more profound. As American presidents analyze the applicability of the WPR to military operations using these advancing technologies, they will have no reporting requirements because the WPR is not triggered. For the WPR to fulfill its original purpose, Congress must amend the statute to cover emerging technologies, expanding the coverage of the WPR from actions by armed forces to actions by armed forces personnel, supplies, or capabilities. This Article also proposes expanding the coverage of the statute to hostilities and violations of the sovereignty of other nations by the armed forces.

Recommended Citation

Eric T. Jensen, Future War and the War Powers Resolution, 29 Emory Int'l L. Rev. 499 (2015).
Available at: https://scholarlycommons.law.emory.edu/eilr/vol29/iss3/1