War Powers Resolution Amendment
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Inspired by a YouTube video Zxcgorb, who talked about the “War Powers Resolution Act”, it came to my attention we technically have policies in place to prevent the president from performing military actions without congressional approval. However, given the War Powers Resolution Act has the authority of a law, presidents since Ronald Reagan have justified the resolution act was “a political question” and was able to not inform congress. After being fustrated with the war in Iran I decided to write an amendment I think can replace the current resolution act and end the president’s use of “a political question” once and for all.
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As stated in the about section, I was inspired by a video by Zxcgorb which you can view below. As well as the current War Powers Resolution Act (also linked below).
Below is a readable version of the War Powers Resolution Amendment without the need to download a copy.
SECTION 0. CONGRESSIONAL FINDINGS
Congress finds and declares the following:
1. That the constitutional allocation of war powers between the Legislative and Executive Branches has, since the enactment of the War Powers Resolution of 1973, proven insufficient to ensure timely congressional oversight, clear authorization requirements, and predictable limits on unilateral executive military action.
2. That Operation Absolute Resolve, conducted on January 3, 2025, and concluded within two hours and twenty-eight minutes of the initial first strike, exemplified a limited special military operation that remained strict time-bound, narrowly scoped, and fully consistent with the principles of prompt conclusion and minimal troop deployment envisioned by this Amendment.
3. That the rapid completion and absence of prolonged troop presence in Operation Absolute Resolve would be deemed compliant with the requirements established by this Amendment, and that such operations—short in duration, clearly defined in objective, and not requiring extended unilateral engagement—illustrate the type of executive action that can occur without triggering the withdrawal and impeachment mechanisms herein.
4. That this Amendment is intended to supersede and replace the War Powers Resolution of 1973, establishing a new constitutional framework that ensures shared responsibility between the President and Congress in decision of war and peace.
5. That the purpose of this Amendment is to prevent future uncertainty, ensure accountability, and reaffirm Congress’s constitutional role in authorizing sustained military conflict.
SECTION 1. SHORT TITLE
This Amendment shall be known as the “War Powers Resolution Amendment”.
SECTION 2. PRESIDENTIAL AUTHORITY FOR SPECIAL MILITARY OPERATIONS
1. The President of the United States shall have the authority to initiate and conduct a special military operation for a period not to exceed ninety (90) days, beginning on the calendar day on which first strike is conducted.
2. During this ninety-day period, the President shall submit to both Houses of Congress either:
a. a Declaration of War, or
b. a Declaration of Armed Attack,
requesting congressional approval for continued military operations.
3. The President’s submission under the Section shall constitute an irrevocable presidential approval of the request and shall not be subject to presidential veto once transmitted to Congress.
SECTION 3. WITHDRAWAL REQUIREMENTS UPON FAILURE TO SUBMIT A DECLARATION
1. If the President has not submitted a Declaration of War or Declaration of Armed Attack by the ninetieth (90th) day following the first strike, the President shall have an additional thirty (30) days to reduce United States troops presence in the theater of operations to the baseline troop level, defined as:
a. the troop presence immediately prior to the military buildup preceding the first strike, or
b. the average troop presence in that theater during the twelve (12) months preceding the first strike,
whichever is lower.
2. The withdrawal required under this Section must be fully complete no later than the one hundred twenty-first (121st) day following the first strike.
SECTION 4. ENFORCEMENT, CONGRESSIONAL ACTION, AND REMEDIES
1. Failure by the President to complete the withdrawal required under Section 3 by the one hundred-twenty-first (121st) day following the first strike shall constitute grounds for impeachment under Article II, Section 4 of this Constitution.
2. Contested Congress Clause.
If, during the ninety-day period described in Section 2, Congress neither approves nor rejects the President’s submitted Declaration of War or Declaration of Armed Attack by a recorded vote in both Houses, then:
a. no impeachment proceedings may be initiated under this Amendment for failure to submitted or failure to withdraw, and
b. such inaction shall be deemed a contested Congress, forfeiting impeachment authority under this Amendment for that specific military operation.
3. Upon a valid impeachment under subsection (1), Congress shall have the authority to introduce and consider Articles of Impeachment for the purpose of removing the President from office.
4. Upon removal of the President pursuant to the Amendment, the Vice President shall assume the powers and duties of the Presidency and shall be responsible for ensuring compliance with the withdrawal requirements and any further directives of Congress.
5. Early Completion Clause.
If a special military operation is concluded before the one hundred twenty-first (121st) day following the first strike, and troop presence has been reduced to the baseline troop level by the date of completion, then no action against the President or Congress shall be required, and the operation shall be deemed fully compliant with this Amendment.
SECTION 5. RULE OF CONSTRUCTION
Nothing in this Amendment shall be constructed to limit Congress’s constitutional authority to declare war, authorize the use of military force, restrict military operation, or exercise oversight of the Armed Forces.
SECTION 6. EFFECTIVE DATE
This Amendment shall take effect on January 20, 2033.
