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Regarding the War Powers Resolution of 1973, what has been the Supreme Court's finding?

A. Unconstitutional
B. Constitutional
C. Partially unconstitutional
D. Not addressed by the Supreme Court

2 Answers

2 votes

Final answer:

The Supreme Court has not addressed the constitutionality of the War Powers Resolution of 1973, making D. Not addressed by the Supreme Court the correct answer.

Step-by-step explanation:

Regarding the War Powers Resolution of 1973, its constitutionality has not been addressed by the Supreme Court. The correct answer is D. Not addressed by the Supreme Court. The War Powers Resolution aimed to strengthen congressional war powers by requiring the President to notify Congress within 48 hours of committing armed forces to military action and forbidding armed forces from remaining for more than 60 days, with a further 30-day withdrawal period, without a Congressional authorization for use of military force or a declaration of war by the United States.

The Resolution was a legislative attempt to address and clarify the powers of the president and Congress in relation to war-making following controversies such as the Vietnam War. It has been a subject of debate regarding the expansion of presidential powers during times of war or conflict. Congress has enumerated powers such as the right to declare war and the right to negotiate treaties, which are foundational elements in the balance of powers between the branches of government.

User Omer Raviv
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Final answer:

The Supreme Court has not addressed the constitutionality of the War Powers Resolution of 1973; hence, the correct answer is D. Not addressed by the Supreme Court. The resolution aimed to strengthen congressional oversight of presidential military action.

Step-by-step explanation:

Regarding the War Powers Resolution of 1973, the correct answer is that it has D. Not addressed by the Supreme Court. The War Powers Resolution, which strengthened congressional war powers, has yet to be directly addressed by the Supreme Court in terms of its constitutionality. The Resolution was established to ensure that the President must inform Congress within 48 hours if U.S. forces are sent into areas of hostility without a wartime declaration and limits troops to remain only for a maximum of 90 days unless Congress approves further action or declares war.

More broadly, the War Powers Resolution aimed to reassert Congress's role in the process of entering wars or military conflicts, which is a power enumerated in the U.S. Constitution. The Resolution sought to balance the sharing of powers between the legislative and executive branches, particularly concerning the right to declare war and to engage in military hostilities.

User Fuxia
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