U.S. Code » Title 50 » Chapter CHAPTER 33— WAR POWERS RESOLUTION

50 U.S.C. § 1547

Interpretation of joint resolution

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(a) Inferences from any law or treatyAuthority to introduce United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances shall not be inferred—(1) from any provision of law (whether or not in effect before November 7, 1973), including any provision contained in any appropriation Act, unless such provision specifically authorizes the introduction of United States Armed Forces into hostilities or into such situations and states that it is intended to constitute specific statutory authorization within the meaning of this chapter; or(2) from any treaty heretofore or hereafter ratified unless such treaty is implemented by legislation specifically authorizing the introduction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of this chapter.(b) Joint headquarters operations of high-level military commands

Nothing in this chapter shall be construed to require any further specific statutory authorization to permit members of United States Armed Forces to participate jointly with members of the armed forces of one or more foreign countries in the headquarters operations of high-level military commands which were established prior to November 7, 1973, and pursuant to the United Nations Charter or any treaty ratified by the United States prior to such date.

(c) Introduction of United States Armed Forces

For purposes of this chapter, the term “introduction of United States Armed Forces” includes the assignment of members of such armed forces to command, coordinate, participate in the movement of, or accompany the regular or irregular military forces of any foreign country or government when such military forces are engaged, or there exists an imminent threat that such forces will become engaged, in hostilities.

(d) Constitutional authorities or existing treaties unaffected; construction against grant of Presidential authority respecting use of United States Armed ForcesNothing in this chapter—(1) is intended to alter the constitutional authority of the Congress or of the President, or the provisions of existing treaties; or(2) shall be construed as granting any authority to the President with respect to the introduction of United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances which authority he would not have had in the absence of this chapter.(Pub. L. 93–148, § 8, Nov. 7, 1973, 87 Stat. 558.)
Notes of Decisions
Cited in 16 cases, 1979–2018 · leading case: Lockhart v. United States
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Lockhart v. United States (2005) scotus · cites it 2× “§2000bb—3(b); 50 U. S. C. §§1547 (a)(1), 1621(b). In the present case, it might seem more respectful of Congress to refrain from declaring the invalidity of the express-reference provision.”
Safety National Casualty Corp. v. Certain Underwriters at Lloyd's (2009) ca5 · cites it 4× “, 50 U.S.C. § 1547 (a) (War Powers Resolution) (imposing clear statement rule for legislation authorizing introduction of United States Armed Forces into hostilities).”
Campbell, Tom v. Clinton, William J. (2000) cadc “” 50 U.S.C. § 1547 (a)(1) (emphasis added).”
Crockett v. Reagan (1982) dcd “It is not claimed that it constitutes the specific authorization as required by Section 8(a) of the WPR, 50 U.S.C. § 1547 (a). That section states that authority to introduce armed forces into hostilities or imminent hostilities shall not be inferred from any other provision of…”
Campbell v. Clinton (1999) dcd · cites it 2× “” 50 U.S.C. § 1547 (a) (emphasis added). B.”
Authorization for Continuing Hostilities in Kosovo (2000) olc · cites it 4× “50 U.S.C. § 1547 (a)(1). Like section 5(b), section 8(a) implicitly recognizes that Congress may authorize hostilities by means other than a declaration of war.”
Presidential Power to Use the Armed Forces Abroad Without Statutory Authorization (1980) olc · cites it 3× “50 U.S.C. § 1547 . Thus, the President may not rely on statutory authority for military actions clearly involving hostilities unless the statute expressly authorizes such actions.”
April 2018 Airstrikes Against Syrian Chemical-Weapons Facilities (2018) olc “forces into hostilities, 50 U.S.C. § 1547 (d)(2), but it also is not “intended to alter the constitutional authority .”
Proposed Deployment of United States Armed Forces Into Bosnia (1995) olc · cites it 2× “Indeed, although section 8(d)(2) of the Resolution provides that the Resolution shall not be construed “ as granting any authority to the President with respect to the introduction of United States Armed Forces into hostilities or into situations w herein involvement in…”
Authority to Use Military Force in Libya (2011) olc “” 50 U.S.C. § 1547 (d). As demonstrated by U.”
Legal Authorities Supporting the Activities of the National Security Agency Described by the President (2006) olc “, War Powers Resolution § 8, 50 U.S.C. § 1547 (a) (“Authority to introduce United States Armed Forces into hostilities .”
The President's Constitutional Authority to Conduct Military Operations Against Terrorists and Nations Supporting Them (2001) olc “Section 8(d)(2) of the WPR, 50 U.S.C. § 1547 (d)(2) (2000), specifically provides that nothing in the WPR “shall be construed as granting any authority to the President .”
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