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The Law : The Baker‐Christopher War Powers Commission
Author(s) -
FISHER LOUIS
Publication year - 2009
Publication title -
presidential studies quarterly
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.337
H-Index - 5
eISSN - 1741-5705
pISSN - 0360-4918
DOI - 10.1111/j.1741-5705.2008.03662.x
Subject(s) - law , political science , glory , spanish civil war , constitution , state (computer science) , commission , separation of powers , repeal , power (physics) , legislature , jurisdiction , inherent powers , computer science , physics , algorithm , quantum mechanics , optics
In July 2008, the National War Powers Commission released a detailed report that recommended the repeal of the War Powers Resolution of 1973 and its replacement with the War Powers Consultation Act. Co ‐ chaired by former secretaries of state James A. Baker III and Warren Christopher, the commission report promised “equal respect” to the legislative and executive branches, but, in fact, it strengthened the president's capacity to initiate war and greatly weakened congressional and public control. Instead of addressing the framers' fear of placing the war power in the hands of a single executive with an appetite for military glory and fame, the report claimed that the U.S. Constitution is “ambiguous” about war powers and that federal courts “for the most part” have declined jurisdiction over war power cases. Both assertions are false.