National War Powers Commission Releases Findings

STANFORD LAW SCHOOL served as a partner institution to the bipartisan National War Powers Commission, whose study of the respective war powers of the president and Congress was released in early July. The commission was co-chaired by former Secretaries of State Warren Christopher ’49 and James A. Baker III.

In its report, the commission recommended that Congress repeal the War Powers Resolution of 1973 and substitute a new statute—the War Powers Consultation Act of 2009—that would provide for more meaningful interchange between the president and Congress on matters of war. Among the features of the proposed legislation is a provision that the president must consult with Congress before ordering a “significant armed conflict” expected to last longer than one week.

“We have tried to be as specific as possible in this report and in this legislation,” says Christopher. “We have defined the kinds of armed conflict that would be covered by the statute and have laid out a clear course of action for both the president and Congress that is practical, constructive, and deliberative.”

As a partner institution SLS provided scholarly expertise, conducted research, and hosted a commission meeting in January 2008. A PDF version of the report is available at www.law.stanford.edu/news.