The War Powers Resolution: Concepts and Practice

… with the express procedures of the Constitution’s prescription for legislative action: passage by a majority of both Houses and presentment to the President.” On July 6, 1983, the Supreme Court affirmed a lower court’s decision striking down a provision in another law13 that permitted Congress to disapprove by concurrent (two-House) resolution.14 Since Section 5(c) requires forces to be removed by the President if Congress so directs by a concurrent resolution, it is constitutionally suspect under the reasoning applied by the Court.15 A 11 U.S. Congress. House. Committee on International Relations. War Powers: A Test of Compliance relative to the Danang Sealift, the Evacuation of Phnom Penh, the Evacuation of Saigon, and the Mayaguez Incident. Hearings, May 7 and June 4, 1975. Washington: GPO, 1975. p. 69. 12 462 U.S. 919 (1983). 13 Federal Trade Commission Improvements Act of 1980. 14 Process Gas Consumers Group v. Consumer Energy Council, 463 U.S. 1216 (1983). …