Realistically, the Congress would probably have to oppose the war for a court (and the Supreme Court on appeal) to order an end to the war. (Yea , right).
The War Powers Act was passed as a figleaf for the unconstitutional (undeclared by Congress) war against Viet Nam, I believe.
>>> Jordan Hayes <jmhayes at j-o-r-d-a-n.com> 04/16/99 01:43PM >>>
From dhenwood at panix.com Fri Apr 16 10:30:03 1999
The War Powers Resolution, at
"The constitutional powers of the President as
Commander-in-Chief to introduce United States Armed Forces into
hostilities, or into situations where imminent involvement in
hostilities is clearly indicated by the circumstances, are
exercised only pursuant to (1) a declaration of war, (2)
specific statutory authorization, or (3) a national emergency
created by attack upon the United States, its territories or
possessions, or its armed forces."
Sure, but it also says:
Sec. 1542. Consultation; initial and regular consultations
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, and after
every such introduction shall consult regularly with the Congress
until United States Armed Forces are no longer engaged in
hostilities or have been removed from such situations.
Which, to this non-lawyer, doesn't seem to preclude the introduction of forces without declaring war.
Sec. 1543. Reporting requirement
(a) Written report; time of submission; circumstances necessitating
submission; information reported In the absence of a
declaration of war, in any case in which United States Armed
Forces are introduced -
(1) into hostilities or into situations where imminent
involvement in hostilities is clearly indicated by the
(2) into the territory, airspace or waters of a foreign
nation, while equipped for combat, except for deployments
which relate solely to supply, replacement, repair, or
training of such forces; or
(3) in numbers which substantially enlarge United States
Armed Forces equipped for combat already located in a
the President shall submit within 48 hours to the Speaker of
the House of Representatives and to the President pro tempore
of the Senate a report, in writing, setting forth -
(A) the circumstances necessitating the introduction of
United States Armed Forces;
(B) the constitutional and legislative authority under which
such introduction took place; and
(C) the estimated scope and duration of the hostilities or
Which he did.
The one dissenting vote against the resolution to support came from someone who wasn't against the action but rather was concerned about this issue -- letting the President use undeclared war as an instrument of foreign policy without the consent of Congress. But if Congress isn't concerned that he's breaking this law, which they specifically passed in order to stop such a thing from happening, I'm not sure how you can claim that he is in fact violating this law.