> The troops cannot be recalled by a simple Congressional joint resolution.
Hmm. Now I'm a little lost. I thought everyone agrees that a successful joint resolution could withdraw the troops. That's something signed by a president with the same force of law as a bill.
Weisberg says the War Powers Act has a provision for recalling troops by using a concurrent resolution (i.e., one not requiring presidential signature). And he's right about that, it does. As Michael Hoover points out, it's 5(c)
<quote>
SEC. 5. (c)
Notwithstanding subsection (b), at any time that United States Armed Forces are engaged in hostilities outside the territory of the United States, its possessions and territories without a declaration of war or specific statutory authorization, such forces shall be removed by the President if the Congress so directs by concurrent resolution.
<unquote>
Michael H suggests that INS v. Chadha might have rendered this section unconstitutional. I'm not sure that's true; it certainly hasn't been specifically ever tested. But just to be clear, that's your argument too? That this section of the war powers act is unconstitutional?
FWIW, Born's approach, IIUC, is slightly different: that congress, which the constitutiona clearly gives the power to declare war without the president, should declare it over.
Michael