Ch. 13 § 3 DESCHLER’S PRECEDENTS

agreement, effective without awaiting The conferees resolved a major ratification. difference in the two measures (b) That there is Presidential power to transfer title and possession of the which related to defining the au- proposed considerations upon certifi- thority of the Commander in cation by appropriate staff officers. Chief to deploy troops. S. 440, sec- (c) That the dispatch of the so-called tion 3, provided that in the ab- mosquito boats would constitute a vio- lation of the statute law of the United sence of a congressional declara- States, but with that exception there is tion of armed forces could be no legal obstacle to the consummation introduced only in certain cir- of the transaction, in accordance, of cumstances, including repulsion of course, with the applicable provisions of the Neutrality Act as to delivery. an armed attack, protection of Respectfully submitted. American citizens being evacuated ROBERT H. JACKSON, in situations of danger abroad, Attorney General. and pursuant to specific statutory authorization. Sections of the Sen- § 4. War Powers Act ate bill which related to reporting, period of commitment, termi- To ensure proper legislative nation dates, and congressional branch participation in decisions procedures were expressly tied to to deploy American forces, legisla- section 3. House Joint tion on war powers was intro- 542 did not contain a similar pro- duced in the 91st and 92d Con- vision. ( ) gresses. 14 Section 2(c) in the ‘‘Purpose and In 1973 the House approved Policy’’ provisions of the resolution House 542. The agreed to by the conferees states: Senate struck all after the enact- ing clause and inserted in lieu The constitutional powers of the thereof the language of S. 440. President as Commander in Chief to Following a conference, a com- introduce United States Armed Forces into hostilities, or into situations promise between the House and where imminent involvement in hos- (1) Senate versions was agreed to. tilities is clearly indicated by the cir- cumstances, are exercised only pursu- 14. See, for example, H.J. Res. 1355, ant to (1) a , (2) spe- 91st Cong. 2d Sess. (1970); S. 2956, cific statutory authorization, or (3) a 92d Cong. 1st Sess. (1971); H.J. Res. national emergency created by attack 1, 92d Cong. 1st Sess. (1971); S. 731, upon the United States, its territories 92d Cong. 1st Sess. (1971). or possessions, or its armed forces. 1. See § 4.2, infra, for the vote over- riding the President’s of the Unlike the Senate bill, no subse- compromise, H.J. Res. 542. quent section of the resolution re- 1782 POWERS AND PREROGATIVES OF THE HOUSE Ch. 13 § 4 fers to section 2(c), the description case with a similar provision of the of war powers of the Commander Senate bill (section 3). in Chief. Much of the debate on This statement supports an infer- the conference report focused on ence that section 2(c) does not ex- whether the President could intro- haustively define all cir- duce troops only in the situations cumstances in which the Presi- described in section 2(c) and in no dent may deploy troops. ( ) other situation 2 or whether that A nonrestrictive interpretation section merely stated his author- of the three situations described ity in a manner which did not in section 2(c) avoids the question limit his authority to deploy whether Congress may define the ( ) troops. 3 The most revealing ex- constitutional authority of the pression of the intent of the con- Commander in Chief by statute ferees on this controversy appears rather than constitutional amend- in two sentences in the conference ment. The President in his veto report: (4) message asserted that a constitu- Section 2(c) is a statement of the au- tional amendment is the only way thority of the Commander in Chief re- in which constitutional authorities specting the introduction of United of another branch of government States Armed Forces into hostilities. may be altered. A statutory at- . . . Subsequent sections of the joint tempt to make such alterations is resolution are not dependent upon thc (5) language of this subsection, as was the ‘‘clearly without force.’’ The con- gressional view on this matter is 2. Section 2(a) of the act states that in- expressed in section 2(b) of the suring the collective judgment of act. Citing and interpreting article Congress and the President in the I, section 8, clause 11, of the Con- introduction of American forces into stitution, section 2(b) states the hostilities is a purpose of the act. constitutional provision: 3. In his veto message the President, applying the restrictive interpreta- . . . [P]rovided that the Congress tion of § 2(c), stated that ’s shall have power to make all laws nec- effective response in the Berlin crisis essary and proper for carrying into of 1961, Cuban missile crisis of 1962, execution, not only its own powers but Congo rescue operation of 1964, and also all other powers vested by the the Jordanian crisis of 1970, would Constitution in the Government of the have been ‘‘vastly complicated or United States or in any department or even made impossible.’’ (See 119 officer thereof. CONG. REC. 34990, 34991, 93d Cong. Section 3 of the resolution im- 1st Sess., Oct. 25, 1973.) poses on the President a duty ‘‘in 4. H. REPT. No. 93–547, 2 U.S. Code legis. and Adm. News, p. 2364 (1973) 5. See § 4.1, infra, for the veto message.

1783 Ch. 13 § 4 DESCHLER’S PRECEDENTS every possible instance’’ to consult propriate action by the Congress, with Congress before introducing and requires the President to ter- troops and to consult regularly minate use of armed forces within after such introduction until 60 days after submission of the re- armed forces are no longer en- port, unless Congress (1) has de- gaged in hostilities or have been clared war or enacted specific au- removed from such situations. The thorization, (2) has by law ex- conferees explained that this pro- tended the 60-day period, or (3) is vision is not a limitation upon or physically unable to meet. The 60- substitute for other provisions of day period may be extended not the resolution. The conferees in- more than 30 days. Notwith- tended that consultations take standing the 60-day provision, place even when advance con- forces engaged in hostilities out- sultation is not possible.(6) side the United States, its posses- Section 4 provides that in the sions, and territories must be re- absence of a declaration of war, in moved by the President if Con- any case in which United States gress so directs by concurrent res- Armed Forces are introduced in olution.(7) certain circumstances, the Presi- Section 6 mandates that a joint dent must submit within 48 hours resolution or bill declaring war or to the Speaker and President pro tempore specified information as 7. Id. Statutes have been adopted well as any other information which authorize the use of concur- rent resolutions to achieve congres- Congress requests. The President sional purposes and which apply pro- must continue to make reports pe- cedures patterned after the War riodically as long as troops are en- Powers Act. Thus, the statute imple- gaged in hostilities but not less menting the United States proposal often than once every six months. for an early warning system in Sinai The objective of this section, ex- empowers Congress by concurrent plained the conferees, is to insure resolution to remove U.S. civilian that Congress by right and as a personnel from Sinai if it determines matter of law will be provided that their safety is jeopardized or that continuation of their role is no with all the information it needs longer necessary. 22 USC § 2441 to carry out its responsibilities. note, Pub. L. No. 94–110, 89 Stat. Section 5 relates to referral of 572, Oct. 13, 1975. The National the report to committee and ap- Emergencies Act authorizes Con- gress by concurrent resolution to ter- 6. See H. REPT. No. 93–547, 2 U.S. minate a national emergency. 50 Code Legis. and Adm. News, p. 2364 USC § 1622, Pub. L. No. 94–412, 90 (1973). Stat. 1255, Sept. 14, 1976.

1784 POWERS AND PREROGATIVES OF THE HOUSE Ch. 13 § 4 authorizing use of armed forces President to remove forces en- introduced at least 30 days prior gaged in hostilities be referred to to the 60-day period specified in the House Committee on Foreign section 5 be referred in the House Affairs or to the Senate Com- to the Committee on Foreign Af- mittee on Foreign Relations, as fairs (renamed the Committee on the case may be. Such committee International Relations on Mar. must report with recommenda- 19, 1975). When reported by the tions within 15 calendar days un- committee, the measure becomes less otherwise determined by the the pending business and is voted yeas and nays. Such resolution be- on within three calendar days comes the pending business of the thereafter unless otherwise deter- House in question. After passage mined by the yeas and nays. After in one House, the resolution is to passage in one House, the meas- be referred to the counterpart ure is to be referred to the coun- committee in the other House, terpart committee of the other and is to be reported out with rec- House and reported out not later ommendations within 15 calendar than 14 calendar days before the days, at which time it becomes the expiration of the 60-day period pending business of that House. and then voted on. In the case of In the case of disagreement be- disagreement between the two tween the two Houses, conferees Houses, conferees are appointed, must be promptly appointed. The and the conference committee conference committee must report must report on the measure no on the measure within six cal- later than four calendar days be- endar days after referral to the fore the expiration of the 60-day committee of conference. Such re- period. If conferees cannot agree port must be acted on by both within 48 hours, they report back Houses not later than six calendar to their respective Houses in dis- days after the report is filed. agreement. Notwithstanding any Section 8, relating to interpreta- rule concerning printing or delay tion of the joint resolution, states of consideration of conference re- that authority to introduce troops ports, the report must be acted on shall not be inferred from any pro- by both Houses not later than the vision of law unless such provision expiration of the 60-day period. specifically authorizes introduc- Section 7 provides that a con- tion of forces, or from any treaty current resolution introduced pur- unless it is implemented by legis- suant to section 5 directing the lation specifically authorizing in- 1785 Ch. 13 § 4 DESCHLER’S PRECEDENTS troduction of forces. The joint res- Powers. 35 Albany L. Rev. 632–37 olution does not necessitate fur- (1971). ther specific statutory authoriza- Jenkins, Gerald L. The War Powers Res- tion to permit American participa- olution: Statutory Limitation on the Commander in Chief. 11 Harv. Jour. tion in headquarters operations on Legislation 181–204 (Feb. 1974). with armed forces of one or more Rostow, Eugene V. Great Cases Make foreign countries. The term ‘‘intro- Bad Law: The War Powers Act. 50 Tex. duction of United States Armed L. Rev. 833–900 (May 1972). Forces’’ is clarified. The joint reso- Scribner, Jeffrey L. The President Versus lution does not alter constitutional Congress on War-Making Authority. 52 authority of the President or Con- Military Rev. 87 (Apr. 1972). gress. It does not grant any au- Spong, W. B., Jr. Can Balance Be Re- thority to the President which he stored in the Constitutional War Pow- ers of the Prcsident and Congress? 6 would not have had in the ab- U. of Richmond L. Rev. 1–47 (Fall sence of the joint resolution. 1971). Sections 9 and 10 relate to Wallace, Don, Jr. War-making Powers: A separability of provisions and the Constitution Flaw? 57 Cornell L. Rev. effective date, respectively. 719–76 (May 1972). War Powers Legislation, Hearings before (8) Collateral References the Senate Foreign Relations Com- Congress, the President, and War Pow- mittee, 92d Cong. 1st Sess. (1971). ers, hearings before the Subcommittee Wooters, Garry J. The Appropriations on National Security Policy and Sci- Power as a Tool of Congressional For- entific Developments of the House eign Policy Making, 50 Boston U.L.R. Committee on Foreign Affairs 91st 34; reprinted in The and Cong. 2d Sess. (1970). International Law: The Widening Con- Congress and the War Powers. 37 Mo. L. text, Princeton University Press, Rev. 1–32 (Winter 1972). Princeton, N.J., 606 (1972). Eagleton, Thomas F. August 15 Com- promise and the War Powers of Con- gress. 18 St. Louis U.L. Jour. 1–11 (Fall 1973). Veto of War Powers Resolution Emerson, J. T. War Powers Legislation, 74 W. Va. L.R. 53 (Nov.–Jan. 1971– § 4.1 The War Powers Resolu- 1972). tion was vetoed by the Presi- Javits, Jacob K. Congress and the Presi- dent. dent: A Modern Delineation of the War On Oct. 25, 1973,(9) the Presi- 8. See also the collateral references in dent’s veto message outlining his § 3, supra, and § 10, infra, relating to war powers generally and Vietnam 9. 119 CONG. REC. 34990, 34991, 93d era restrictions on military activity. Cong. 1st Sess.

1786 POWERS AND PREROGATIVES OF THE HOUSE Ch. 13 § 4 objections to the War Powers Res- other would allow the Congress to eliminate certain authorities merely olution was laid before the House. by the passage of a concurrent reso- The Speaker (10) laid before the lution—an action which does not House the following veto message from normally have the force of law, since the President of the United States: it denies the President his constitu- tional role in approving legislation. To the House of Representatives: I believe that both these provisions I hereby return without my ap- are unconstitutional. The only way proval House Joint Resolution 542— in which the constitutional powers of the War Powers Resolution. While I a branch of the Government can be am in accord with thc desire of the altered is by amending the Constitu- Congress to assert its proper role in tion—and any attempt to make such the conduct of our foreign affairs the alterations by legislation alone is restrictions which this resolution clearly without force. would impose upon the authority of While I firmly believe that a veto the President are both unconstitu- of House Joint Resolution 542 is tional and dangerous to the best in- warranted solely on constitutional terests of our Nation. grounds, I am also deeply disturbed The proper roles of the Congress by the practical consequences of this and the Executive in the conduct of resolution. For it would seriously un- foreign affairs have been debated dermine this Nation’s ability to act since the founding of our country. decisively and convincingly in times Only recently, however, has there of international crisis. . . . been a serious challenge to the wis- I am particularly disturbed by the dom of the Founding Fathers in fact that certain of the President’s choosing not to draw a precise and constitutional powers as Commander detailed line of demarcation between in Chief of the Armed Forces would the foreign policy powers of the two terminate automatically under this branches. resolution 60 days after they were The Founding Fathers understood invoked. No overt Congressional ac- the impossibility of foreseeing every tion would be required to cut off contingency that might arise in this these powers—they would disappear complex area. They acknowledged automatically unless the Congress the need for flexibility in responding extended them. . . . to changing circumstances. They rec- This Administration is dedicated ognized that foreign policy decisions to strengthening cooperation be- must be made through close coopera- tween the Congress and the Presi- tion between the two branches and dent in the conduct of foreign affairs not through rigidly codified proce- and to preserving the constitutional dures.... prerogatives of both branches of our House Joint Resolution 542 would Government. I know that the Con- attempt to take away, bv a mere leg- gress shares that goal. A commission islative act, authorities which the on the constitutional roles of the President has properly exercised Congress and the President would under the Constitution for almost provide a useful opportunity for both 200 years. One of its provisions branches to work together toward would automatically cut off certain that common objective. authorities after sixty days unless , the Congress extended them. An- THE WHITE HOUSE, 10. Carl Albert (Okla.). October 24, 1973.

1787 Ch. 13 § 4 DESCHLER’S PRECEDENTS

Passage of War Powers Resolu- affirmative, agreed to override the tion President’s veto of House Joint Resolution 542, the War Powers § 4.2 By a two-thirds vote in Resolution, which became law on each body, the House and Nov. 7, 1973, in the following Senate overrode the Presi- form: (l3) dent’s veto of the War Pow- ers Resolution. SHORT TITLE On Nov. 7, 1973, the House by Section 1. This joint resolution may a vote of yeas 284, nays 135, not be cited as the ‘‘War Powers Resolu- voting 14,(11) and the Senate by a tion’’. vote of yeas 75, nays 18,(12) two- thirds in each body voting in the PURPOSE AND POLICY Sec. 2. (a) It is the purpose of this 11. 119 CONG. REC. 36202, 36221, joint resolution to fulfill the intent of 36222, 93d Cong. 1st Sess. See also the framers of the Constitution of the 119 CONG. REC. 24707, 24708, 93d United States and insure that the col- Cong. 1st Sess., July 18, 1973, for lective judgment of both the Congress initial House approval of this joint and the President will apply to the in- resolution (H. Rept. No. 93–287, 93d troduction of United States Armed Cong. 1st Sess. [1973]); and 119 Forces into hostilities, or into situa- CONG. REC. 33858, 33873, 33874, tions where imminent involvement in 93d Cong. 1st Sess., Oct. 12, 1973, hostilities is clearly indicated by the for consideration and approval of the circumstances, and to the continued conference report (H. Rept. No. 93– use of such forces in hostilities or in 547) by a vote of yeas 238, nays 123, such situations. not voting 73. (b) Under article I, section 8, of the 12. 119 CONG. REC. 36175, 36197, Constitution, it is specifically provided 36198, 93d Cong. 1st Sess. See also that the Congress shall have the power 119 CONG. REC. 25120, 93d Cong. 1st to make all laws necessary and proper Sess., July 20, 1973, for unanimous- for carrying into execution, not only its consent agreement to strike from own powers but also all other powers H.J. Res. 542 all after the resolving vested by the Constitution in the Gov- clause and substitute therefor the ernment of the United States, or in text of the Senate version of the War any department or officer thereof. Powers Resolution, S. 440, which the (c) The constitutional powers of the Senate had just approved (p. 25119) President as Commander-in-Chief to by a vote of yeas 72, nays 18 (S. introduce United States Armed Forces Rept. No. 220, 93d Cong. 1st Sess. [1973]); and 119 CONG. REC. 33569, 13. This excerpt is taken from 87 Stat. 93d Cong. 1st Sess., Oct. 10, 1973, 555, 93d Cong. 1st Sess. (Pub. L. No. for Senate approval of the conference 93–148). It is codified at 50 USC report by a vote of yeas 75, nays 20. §§ 1541 et seq.

1788 POWERS AND PREROGATIVES OF THE HOUSE Ch. 13 § 4 into hostilities, or into situations pro tempore of the Senate a report in where imminent involvement in hos- writing, setting forth— tilities is clearly indicated by the cir- (A) the circumstances necessi- cumstances, are exercised only pursu- tating the introduction of United ant to (1) a declaration of war, (2) spe- States Armed Forces; cific statutory authorization, or (3) a (B) the constitutional and legisla- national emergency created by attack tive authority under which such in- troduction took place; and upon the United States, its territories (C) the estimated scope and dura- or possessions, or its armed forces. tion of the hostilities or involvement.

CONSULTATION (b) The President shall provide such other information as the Congress may Sec. 3. The President in every pos- request in the fulfillment of its con- sible instance shall consult with Con- stitutional responsibilities with respect gress before introducing United States to committing the Nation to war and to Armed Forces into hostilities or into the use of United States Armed Forces situations where imminent involve- abroad. ment in hostilities is clearly indicated (c) Whenever United States Armed by the circumstances, and after every Forces are introduced into hostilities or such introduction shall consult regu- into any situation described in sub- larly with the Congress until United section (a) of this section, the President States Armed Forces are no longer en- shall], so long as such armed forces gaged in hostilities or have been re- continue to be engaged in such hos- moved from such situations. tilities or situation, report to the Con- REPORTING gress periodically on the status of such hostilities or situation as well as on Sec. 4. (a) In the absence of a dec- the scope and duration of such hos- laration of war, in any case in which tilities or situation, but in no event United States Armed Forces are shall he report to the Congress less introduced— often than once every six months. (1) into hostilities or into situa- tions where imminent involvement CONGRESSIONAL ACTION in hostilities is clearly indicated by Sec. 5. (a) Each report submitted the circumstances; (2) into the territory, airspace or pursuant to section 4(a) (1) shall be waters of a foreign nation, while transmitted to the Speaker of the equipped for combat, except for de- House of Representatives and to the ployments which relate solely to sup- President pro tempore of the Senate on ply, replacement, repair, or training the same calendar day. Each report so of such forces; or transmitted shall be referred to the (3) in numbers which substantially enlarge United States Armed Forces Committee on Foreign Affairs of the equipped for combat already located House of Representatives and to the in a foreign nation; Committee on Foreign Relations of the the President shall submit within 48 Senate for appropriate action. If, when hours to the Speaker of the House of the report is transmitted, the Congress Representatives and to the President has adjourned sine die or has ad-

1789 Ch. 13 § 4 DESCHLER’S PRECEDENTS

journed for any period in excess of CONGRESSIONAL PRIORITY PROCEDURES three calendar days, the Speaker of the FOR JOINT RESOLUTION OR BILL House of Representatives and the President pro tempore of the Senate, if Sec. 6. (a) Any joint resolution or bill they deem it advisable (or if petitioned introduced pursuant to section 5(b) at by at least 30 percent of the member- least thirty calendar days before the ship of their respective Houses) shall expiration of the sixty-day period speci- jointly request the President to con- fied in such section shall be referred to vene Congress in order that it may the Committee on Foreign Affairs of consider the report and take appro- the House of Representatives or the priate action pursuant to this section. Committee on Foreign Relations of the Senate, as the case may be, and such (b) Within sixty calendar days after a report is submitted or is required to committee shall report one such joint be submitted pursuant to section 4(a) resolution or bill, together with its rec- (1), whichever is earlier, the President ommendations, not later than twenty- shall terminate any use of United four calendar days before the expira- States Armed Forces with respect to tion of the sixty-day period specified in which such report was submitted (or such section, unless such House shall required to be submitted), unless the otherwise determine by the yeas and Congress (1) has declared war or has nays. enacted a specific authorization for (b) Any joint resolution or bill so re- such use of United States Armed ported shall become the pending busi- Forces, (2) has extended by law such ness of the House in question (in the sixty-day period, or (3) is physically case of the Senate the time for debate unable to meet as a result of an armed shall be equally divided between the attack upon the United States. Such proponents and the opponents), and sixty-day period shall be extended for shall be voted on within three calendar not more than an additional thirty days thereafter, unless such House days if the President determines and shall otherwise determine by yeas and certifies to the Congress in writing nays. that unavoidable military necessity re- (c) Such a joint resolution or bill specting the safety of United States passed by one House shall be referred Armed Forces requires the continued to the committee of the other House use of such armed forces in the course named in subsection (a) and shall be of bringing about a prompt removal of reported out not later than fourteen such forces. calendar days before the expiration of (c) Notwithstanding subsection (b), the sixty-day period specified in section at any time that United States Armed 5(b). The joint resolution or bill so re- Forces are engaged in hostilities out- ported shall become the pending busi- side the territory of the United States, ness of the House in question and shall its possessions and territories without be voted on within three calendar days a declaration of war or specific statu- after it has been reported, unless such tory authorization, such forces shall be House shall determine by yeas and removed by the President if the Con- otherwise nays. gress so directs by concurrent resolu- (d) ln the case of any disagreement tion. between the two Houses of Congress

1790 POWERS AND PREROGATIVES OF THE HOUSE Ch. 13 § 4 with respect to a joint resolution or bill to the committee of the other House passed by both Houses, conferees shall named in subsection (a) and shall be be promptly appointed and the com- reported out by such committee to- mittee of conference shall make and gether with its recommendations with- file a report with respect to such reso- in fifteen calendar days and shall lution or bill not later than four cal- thereupon become the pending busi- endar days before the expiration of the ness of such House and shall be voted sixty-day period specified in section 5 upon within three calendar days, un- (b). In the event the conferees are un- less such House shall otherwise deter- able to agree within 48 hours, they mine by yeas and nays. shall report back to their respective Houses in disagreement. Notwith- (d) In the case of any disagreement standing any rule in either House con- between the two Houses of Congress cerning the printing of conference re- with respect to a concurrent resolution ports in the Record or concerning any passed by both Houses, conferees shall delay in the consideration of such re- be promptly appointed and the com- ports, such report shall be acted on by mittee of conference shall make and both Houses not later than the expira- file a report with respect to such con- tion of such sixty-day period. current resolution within six calendar days after the legislation is referred to CONGRESSIONAL PRIORITY PROCEDURES the committee of conference. Notwith- FOR CONCURRENT RESOLUTION standing any rule in either House con- Sec. 7. (a) Any concurrent resolution cerning the printing of conference re- introduced pursuant to section 5(c) ports in the Record or concerning any shall be referred to the Committee on delay in the consideration of such re- Foreign Affairs of the House of Rep- ports, such report shall be acted on by resentatives or the Committee on For- both Houses not later than six cal- eign Relations of the Senate, as the endar days after the conference report case may be, and one such concurrent is filed. In the event the conferees are resolution shall be reported out by unable to agree within 48 hours, they such committee together with its rec- shall report back to their respective ommendations within fifteen calendar Houses in disagreement. days, unless such House shall other- wise determine by the yeas and nays. INTERPRETATION OF JOINT RESOLUTION (b) Any concurrent resolution so re- ported shall become the pending busi- Sec. 8. (a) Authority to introduce ness of the House in question (in the United States Armed Forces into hos- case of the Senate the time for debate tilities or into situations wherein in- shall be equally divided between the volvement in hostilities is clearly indi- proponents and the opponents) and cated by the circumstances shall not be shall be voted on within three calendar inferred— days thereafter, unless such House (1) from any provision of law (wheth- shall otherwise determine by yeas and er or not in effect before the date of the nays. enactment of this joint resolution), in- (c) Such a concurrent resolution cluding any provision contained in any passed by one House shall be referred appropriation Act, unless such provi-

1791 Ch. 13 § 4 DESCHLER’S PRECEDENTS

sion specifically authorizes the intro- or of the President, or the provisions duction of United States Armed Forces of existing treaties; or into hostilities or into such situations (2) shall be construed as granting and states that it is intended to con- any authority to the President with respect to the introduction of United stitute specific statutory authorization States Armed Forces into hostilities within the meaning of this joint resolu- or into situations wherein involve- tion; or ment in hostilities is clearly indi- (2) from any treaty heretofore or cated by the circumstances which hereafter ratified unless such treaty is authority he would not have had in implemented by legislation specifically the absence of this joint resolution. authorizing the introduction of United SEPARABILITY CLAUSE States Armed Forces into hostilities or into such situations and stating that it Sec. 9. If any provision of this joint is intended to constitute specific statu- resolution or the application hereof to tory authorization within the meaning any person or circumstance is held in- of this joint resolution. valid, the remainder of the joint resolu- (b) Nothing in this joint resolution tion and the application of such provi- shall be construed to require any fur- sion to any other person or cir- ther specific statutory authorization to cumstance shall not be affected there- permit members of United States by. Armed Forces to participate jointly with members of the armed forces of EFFECTIVE DATE one or more foreign countries in the Sec. 10. This joint resolution shall headquarters operations of high-level take effect on the date of its enact- military commands which were estab- ment. lished prior to the date of enactment of this joint resolution and pursuant to the Charter or any treaty ratified by the United States § 5. Declarations of War prior to such date. (c) For purposes of this joint resolu- Article I, section 8, clause 11 of tion, the term ‘‘introduction of United the Constitution authorizes Con- States Armed Forces’’ includes the as- gress to declare war. Granting signment of members of such armed forces to command, coordinate, partici- Congress this authority and mak- pate in the movement of, or accompany ing the President the Commander the regular or irregular military forces in Chief of the Army and Navy of any foreign country or government represents a compromise between when such military forces are engaged, the views of delegates to the Con- or there exists an imminent threat stitutional Convention who want- that such forces will become engaged, in hostilities. ed to grant Congress authority to (d) Nothing in this joint resolution— ‘‘make’’ war and delegates who (1) is intended to alter the con- wanted to grant such authority to stitutional authority of the Congress the President alone, the Senate 1792