ABOUT THIS BLOG

I shall post videos, graphs, news stories, and other material there. We shall use some of this material in class, and you may review the rest at your convenience. You will all receive invitations to post to the blog. (Please let me know if you do not get such an invitation.) I encourage you to use the blog in these ways:
To post questions or comments about the readings before we discuss them in class;
To follow up on class discussions with additional comments or questions.
To post relevant news items or videos.

There are only two major limitations: no coarse language, and no derogatory comments about people at the Claremont Colleges.


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Tuesday, January 28, 2025

First Assignment, Spring 2025

  Pick one:

  • Pick any current member of the House or Senate.  Tell how this member has explained her or his position on one of the following: DOGE, the Israel-Hamas War, the Ukraine War, abortion, or immigration. With reference to Davidson, ch. 5, analyze how this explanation reflects both the member's constituency and her or his place on Capitol Hill.
  • Pick chapter 3, 4, or 5 of the Davidson book.  Write a brief postscript to update the analysis. That is, what events of the past year should materially change the authors' analysis when they write the next edition?

    Essays should reflect an understanding of class readings and discussions. Many resources, including CQ Magazine are at Library/Databases/CQ Library.  Consult other sources as well. See, among others: 


    Read Strunk & White and my stylesheet (with links to model papers).

    The specifications:
    • Essays should be typed (12-point), double-spaced, and no more than three pages long. I will not read past the third page. 
    • Please submit all papers in this course as Word documents, not Google docs or pdfs.
    • Cite your sources. Please use endnotes in the format of Chicago Manual of Style.  Endnotes do not count against the page limit. Please do not use footnotes, which take up too much page space.
    • Misrepresenting AI-generated content as your own work is plagiarism and will result in severe consequences
    • Watch your spelling, grammar, diction, and punctuation. Errors will count against you. Return essays to the Sakai dropbox for this class by 11:59 PM, Friday, February 7. (If you do not use Sakai, simply email me the paper as an attached file.)  I reserve the right to dock papers one gradepoint for one day’s lateness, a full letter grade after that.

    Thursday, January 23, 2025

    Two Congresses

     For Wednesday:

    • Freeman reading on Sakai AND Canvas


    Some basics:

    Two Congresses
    Demographics:

    Home style

    "What you have to understand about my people is that they are a noble people. Humility is their form of pride. It is their strength; it is their weakness. And if you can humble yourself before them they will do anything you ask."  -- Frank Underwood

    In Home Style, members try to convey
    • Qualification
    • Identification
    • Empathy
    USA Style:  

    AOC on Musk


    Nancy Mace explains her vote against Kevin McCarthy



    One major difference between the chambers is that few House members run for president, and seldom get far when they do. But a fairly large fraction of senators have gone for the White House:
    • Michael Bennet (D-CO), 2020
    • Cory Booker (D-NJ) 2020
    • Ted Cruz (R-TX) 2016
    • Kirsten Gillibrand (D-NY) 2020
    • Lindsey Graham (R-SC) 2016
    • Amy Klobuchar (D-MN) 2020
    • Rand Paul (R-KY) 2016
    • Bernard Sanders (I-VT) 2016, 2020
    • Tim Scott (R-SC) 2024
    • Elizabeth Warren (D-MA), 2020
    In the House, see
    • Seth Moulton (D-MA), 2020
    • Eric Swalwell (D-CA) 2020

    Four Strategic Postures Since 2000 (House, by election year) 

                        Majority                              Minority 

    In Party        Dems 08, 20                     GOP 06, 18
                        GOP 00, 02, 04, 16, 24      Dem 10,12,14,22
               
    Out Party     GOP 10,12,14,22              GOP 08, 20
                        Dem 06, 18                   Dem 00, 02, 04, 16, 24

    Tuesday, January 21, 2025

    Beginning Spring 2024

     For Thursday, read Davidson ch. 1.

    Objectives of the course:
    • Why the institution operates the way it does  
    • What motivates members
      • Reelection
      • Power:  individual and party
      • Public policy
      • Attention and disruption
    • How the institution has changed in recent years
      • Polarization
      • Nationalization of elections and internal congressional politics.
    • How lawmakers, activists, and ordinary citizens accomplish their aims.
    • Dualities
      • Two Congresses: Representative assembly and lawmaking body.
      • Two chambers:  House and Senate are different.
      • Two parties:  Republicans and Democrats differ ideologically, geographically, and demographically, though the lines have shifted over the years.
      • Two kinds of status:  being in the majority is really different from being in the minority.
      • Two layers of lawmaking:  high-profile and partisan (The Public Congress), lower-profile and practical (The Shadow Congress)
    • Recent developments
      • Trump administration and executive actions
      • Narrow House majority, change of Senate control
    • Deliberation and compromise
    • Will the situation change

    Friday, January 17, 2025

    Gov 101 Syllabus, Spring 2025

    US Congress
    CMC Government 101 Spring 2025
    Tuesday and Thursday 11 AM-12:15 PM
    Kravis LC62


    J.J. Pitney
    Office: Kravis 232
    Student Hours: Tue, Wed 1:30-2:30 pm 
    and by appointment

    General

    Woodrow Wilson wrote: "Like a vast picture thronged with figures of equal prominence and crowded with elaborate and obtrusive details, Congress is hard to see satisfactorily and appreciatively at a single view and from a single stand-point. Its complicated forms and diversified structure confuse the vision, and conceal the system which underlies its composition. It is too complex to be understood without effort, without a careful and systematic process of analysis." 

    In this course, we shall undertake such analysis. We shall ask how lawmakers behave at home, on Capitol Hill, and on the national stage. We shall study Congress's procedures and structures, with an eye to explaining why some bills pass while others languish.

    Classes

    Class sessions will include lecture and discussion. Finish each week's readings before class because our discussions will involve those readings. We shall also talk about breaking news stories about Congress, so you must read a good daily news source such as Politico or Axios.

    Blog

    Our class blog is at http://gov101.blogspot.com. I shall post videos, graphs, news stories, and other material there. We shall use some of this material in class, and you may review the rest at your convenience. You will all receive invitations to post to the blog. (Please let me know if you do not get such an invitation.) I encourage you to use the blog in these ways:
    • To post questions or comments about the readings before we discuss them in class;
    • To follow up on class discussions with additional comments or questions.
    • To post relevant news items or videos. 
    Grades

    The following will make up your course grade:
    • Two three-page papers: 15% each
    • One five-page paper: 25%
    • Simulation and writeup: 30%
    • Participation, blog: 15% 
    Details
    • The papers will develop your research and writing skills. In grading, I will take account of the quality of your writing, applying the principles of Strunk and White’s Elements of Style. If you object, do not take this course, or anything else that I teach.
    • The simulation will require you to study your part and spend several sessions in character. 
    • Participation includes your activity in class and online.   I will call on students at random, and if you often miss sessions or fail to prepare, your grade will suffer. In addition, you may volunteer comments and questions.  This experience will hone your ability to think on your feet. By Thursday of every week, moreover, you will also email me brief (250 words max) reflections on the readings and class discussions.   
    • In addition to the required readings (below), I may also give you handouts, emails, and web links covering current events and basic factual information.
    • Check due dates for coursework. Do not plan on extensions.
    • As a courtesy to your fellow students, please arrive on time, and refrain from eating in class.   
    • Except as a documented disability accommodation, please do not use electronic devices (tablets, laptops, smartphones) in class. Take notes the old-fashioned way, by hand, on paper.  Why? Research suggests that it works better. 
    • Plagiarism and other forms of academic dishonesty are not victimless offenses, because they hurt fellow students. Please study our Statement of Academic Integrity, which reads in part: "The faculty of Claremont McKenna College is firmly committed to upholding the highest standards of academic integrity. Each faculty member has the responsibility to report cases of academic dishonesty to the Academic Standards Committee."
    • This class welcomes viewpoint diversity. See: https://heterodoxacademy.org/library/advice-on-syllabus-language/
    • Your experience in this class matters to me, and I have a particular interest in disability. If you have set up accommodations with Accessibility Services at CMC, please tell me about your approved accommodations so we can discuss your needs. You can start by forwarding me your accommodation letter. If you have not yet set up accommodations but have a temporary health condition or permanent disability, please get in touch with Ari Martinez, Associate Director of Accessibility Services, at accessibilityservices@cmc.edu to ask questions and start the process. For general information and the Request for Accommodations form, go to the CMC Accessibility Service’s website

    Required Books [Make sure that you get the correct edition of the Davidson book.]
    • Roger Davidson, et al., Congress and Its Members, 19th ed. (Washington: CQ Press, 2024).
    • Jill Lawrence, The Art of the Political Deal (independently published, 2017).
    The schedule is subject to change, with advance notice.

    Jan 21, 23: Two Political Branches, Two Chambers, Two Congresses, Two Parties

    "It's hard to overstate the extent to which Democrats and Republicans inhabit different worlds in Congress. Our parties meet separately and organize separately, from the broad division of House members into a Republican Conference and a Democratic Caucus to the structure of every committee, most staff positions, and even social clubs -- the Capitol Hill Club for Republicans, the National Democratic Club for Democrats."  -- Liz Cheney

    What are the major functions of Congress?  What are the dualities of Congress?
    • Davidson, ch. 1.
    Jan 28, 30: Congressional History

    "When the House moved to larger windowless quarters in 1857, the acoustics improved but the air didn’t. This wasn’t just a matter of cigar smoke, whiskey fumes, and body odor. A series of climate studies revealed the scope of the problem: no air was circulating in the chamber, and the wisp of a draft that rose through the floor grates had to pass through a layer of `lint, dirt, tobacco quids, expectoration, and filth of every sort.'"  -- Joanne Freeman 

    How does today's Congress compare with that of the past? Have lawmakers gotten better or worse? What happened on January 6, 2021?
    • Davidson, ch. 2
    • Excerpts from Joanne B. Freeman (PO `84), The Field of Blood: Violence in Congress and the Road to Civil War  (New YorkFarrar, Straus and Giroux, 2018). 

    THREE-PAGE PAPER ASSIGNED BY JAN 28,
    DUE BY FEB 7.


    Feb 4, 6: Congressional Elections, Hill Style, Home Style and US Style

    "In a strategy memo she wrote in 2021, [Rep. Nancy] Mace described herself as “THE freshman thought leader on federal issues,” according to a copy obtained by The Daily Beast. She even gave herself a brand name: “NATIONAL NANCY.” -- Jake Lahut

    How do congressional candidates emerge onto the scene? What accounts for the party balance in the House and Senate? How do incumbents hold their seats? How do members present themselves to colleagues, constituents, and the national public"
    • Davidson, ch. 3, 4, 5.
    Feb 11, 13: Parties and Leadership

    “If there’s a secret ballot, Mr. President,” Mr. Schumer said, “my guess is you at most get five yeses.”
    “Really?” Mr. Biden responded.
    “I know my caucus,” Mr. Schumer told him. “You know I know my caucus.”
    Mr. Biden nodded.

    How do leaders and followers influence each other on Capitol Hill?
    • Davidson, ch. 6.
    • John Boehner, On the House (New York: St. Martin's, 2021).  EXCERPT 
    .
    Feb 18, 20: Process 

    “If I let you write the substance and you let me write the procedure, I’ll screw you every time.” -- Rep. John Dingell

    Who writes the bills, and how? What is the role of congressional committees?
    • Davidson ch. 7-8.

    FIVE-PAGE PAPER ASSIGNED BY FEB 18, 
    DUE MAR 7.

    Feb 25, 27: Process, Interest Groups, and Decision Making   

    "If procuring votes with offers of employment is what you intend, I’ll fetch a friend from Albany who can supply the skulking men gifted at this kind of shady work. Spare me the indignity of actually speaking to Democrats. Spare you the exposure and liability." -- William Seward (David Strathairn) in Lincoln

    How do members decide how to vote? What is the relative influence of leadership, constituency, and ideology? How the "outside game" of media politics complement the "inside game" of legislative maneuvering?
    March 4, 6: The Art of the Political Deal

    “`Bipartisan work is as basic as the American covenant, E pluribus unum, out of many, one,' Sen. Raphael Warnock, a Georgia Democrat, said recently on NBC’s Meet the Press. In 2022, he ran a memorable campaign ad about his unlikely work with conservative Texas Sen. Ted Cruz on an interstate highway extension connecting military communities in their states. His tagline: `I’ll work with anyone if it means helping Georgia.'" -- Jill Lawrence

    How do lawmakers engage in deliberation and bargaining?
    • Lawrence, all.
    March 11, 13: Congress and the Executive I

    “If Donald Trump says, ‘jump three feet high and scratch your head,’ we all jump three feet high and scratch our head."  -- Rep.  Troy Nehls (R-TX)

    How do the executive and legislative branches check each other? Do they intrude on each other's legitimate authority? Does unified government erode checks and balances?
    • Davidson, ch. 10.

    March 18, 20: Spring Break

    March 25, 27, April 1, 3: Legislative Simulation 

    "I saw you with your sword earlier, You're petty handy with that thing. Have you ever heard of LARPing?" –LARPer in Hawkeye

    The simulation will take place both during class time (live) and in the evening (via Zoom).  Participants will decide on evening times.

    SIMULATION WRITEUP DUE IN SAKAI DROPBOX 
     BY FRIDAY, APRIL 11

    Apr  8, 10: Congress and the Executive II

    "[Katie Porter] started out by asking [Postmaster Genral Louis} DeJoy what the price of a first-class stamp is. DeJoy responded, correctly, that the cost is 55 cents. But Porter kept going. `What about to mail a postcard?' she asked. `I don’t know, ma’am,' DeJoy replied. He also missed a question on greeting cards. `I’ll submit that I know very little about postage stamps,' DeJoy said."

    How does Congress try to control the bureaucracy?  How do the branches battle for control of information? 
    • Davidson, ch. 11

    Apr 15, 17: Courts, Impeachment, and Congressional Ethics

    "U.S. Rep. Adam Schiff’s Senate campaign said Wednesday that the California Democrat had raised $8.1 million over the past three months, a period that includes his recent censure by the Republican-led House." -- Michael Blood, AP

    How does Congress try to influence the composition of the judiciary?  Why have impeachment and censure lost their symbolic power?
    • Davidson, ch. 12 
    • Readings on congressional disciplary action.

    Apr 22, 24: Budgets and Domestic Policy

    Today, Congressman Bill Huizenga (MI-04) announced the introduction of H.R. 263, the Stop Trying to Obsessively Vilify Energy (STOVE) Act. Recently, federal regulators have openly expressed their desire to ban gas stoves with a commissioner of the U.S. Consumer Product Safety Commission (CPSC) stating, “any option is on the table.” The STOVE Act preempts this bureaucratic overreach by prohibiting federal agencies from moving to ban gas stoves and similar gas-powered appliances. 

    What is domestic policy? How does Congress handle issues such as employment and health care?
    • Davidson, ch. 14.
    • Readings on current domestic issues, TBA.

    THREE-PAGE PAPER ASSIGNED BY APR 22, 
    DUE IN SAKAI DROPBOX BY MAY 7

    Apr 29, May 1: National Security and the Two Congresses

    "Dear members of the Congress, representatives of both parties who also visited Kyiv, esteemed congressmen and senators from both parties who will visit Ukraine, I am sure, in the future; dear representatives of diaspora, present in this chamber, and spread across the country; dear journalists, it’s a great honor for me to be at the U.S. Congress and speak to you and all Americans."  -- President Volodymyr Zelensky

    Can Congress effectively check the executive branch in wartime? Do lawmakers have the expertise and information to make decisions about national and homeland security?
    • Davidson, ch. 15
    • Readings on current foreign policy issues, TBA.

    May 6: Reconsiderations

    "My community service will be to clean up Congress of it’s [sic] corrupt frauds in a Bipartisan way." -- Expelled Rep. George Santos

    How are the two Congresses faring in 2025?
    • Davidson, ch. 16.

    Monday, April 29, 2024

    Back to the Start

    No class Wednesday: comp time for the extra hours you spent on simulation.

    Papers for graduating seniors due Wednesday night at 11:59 pm.

    Papers for all others due Friday at 11:59 pm.

    Stylistic reminders

    Review of the Dualities:

    Two chambers: House v. Senate
    Two Congresses: Policy priorities v. constituent priorities
    Two parties:  GOP v. Dems

    Life Lessons

    Simulation?

    In all bodies, those who will lead must also, in a considerable degree, follow. They must conform their propositions to the taste, talent, and disposition of those whom they wish to conduct; therefore, if an assembly is viciously or feebly composed in a very great part of it, nothing but such a supreme degree of virtue as very rarely appears in the world, and for that reason cannot enter into calculation, will prevent the men of talent disseminated through it from becoming only the expert instruments of absurd projects! If, what is the more likely event, instead of that unusual degree of virtue, they should be actuated by sinister ambition and a lust of meretricious glory, then the feeble part of the assembly, to whom at first they conform, becomes in its turn the dupe and instrument of their designs. In this political traffic, the leaders will be obliged to bow to the ignorance of their followers, and the followers to become subservient to the worst designs of their leaders.

        Mickey Edwards: "People think what they think, not what         we want them to think."


    Wednesday, April 24, 2024

    Foreign Policy and National Security

    This morning:


    Class ends at noon for course evaluations

    For next Monday, read Davidson, ch. 16.

    No class next Wednesday (simulation comp day!)

    Please remember  your last writeups this week.

    The Constitution:


    To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
     To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
    To provide and maintain a navy;
    To make rules for the government and regulation of the land and naval forces;

    To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

    To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;

    Article II, section 2:

    The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States;

    War and Intelligence

    Prologue:  Steps in launching a nuclear war


    Hamilton in Federalist 8: "It is of the nature of war to increase the executive at the expense of the legislative authority."

    Tocqueville, p. 126: "If the Union’s existence were constantly menaced, and if its great interests were continually interwoven with those of other powerful nations, one would see the prestige of the executive growing, because of what was expected from it and of what it did."

    The War Powers Resolution -- From CRS:

    The War Powers Resolution (P.L. 93-148) was enacted over the veto of President Nixon on November 7, 1973, to provide procedures for Congress and the President to participate in decisions to send U.S. Armed Forces into hostilities. Section 4(a)(1) requires the President to report to Congress any introduction of U.S. forces into hostilities or imminent hostilities. When such a report is submitted or is required to be submitted, Section 5(b) requires that the use of forces must be terminated within 60 to 90 days unless Congress authorizes such use or extends the time period. Section 3 requires that the “President in every possible instance shall consult with Congress before introducing” U.S. Armed Forces into hostilities or imminent hostilities.

    From 1975 through March 2017, Presidents have submitted 168 reports as the result of the War Powers Resolution, but only one, the 1975 Mayaguez seizure, cited Section 4(a)(1), which triggers the 60-day withdrawal requirement, and in this case the military action completed and U.S. armed forces had disengaged from the area of conflict when the report was made.

    During US operations in Kosovo, Rep. Tom Campbell (R-CA) and colleagues went to court to enforce the War Powers Act.   CRS picks up the story:

    On May 25, 1999, the 60th day had passed since the President notified Congress of his actions regarding U.S. participation in military operations in Kosovo. Representative Campbell, and those who joined his suit, noted to the federal Court that this was a clear violation of the language of the War Powers Resolution stipulating a withdrawal of U.S. forces from the area of hostilities after 60 days in the absence of congressional authorization to continue, or a presidential request to Congress for an extra 30 day period to safely withdraw. The President did not seek such a 30 day extension, noting instead his view that the War Powers Resolution is constitutionally defective.

    On June 8, 1999, Federal District Judge Paul L. Friedman dismissed the suit of Representative Campbell and others that sought to have the court rule that President Clinton was in violation of the War Powers Resolution and the Constitution by conducting military activities in Yugoslavia without having received prior authorization from Congress. The judge ruled that Representative Campbell and the other congressional plaintiffs lacked legal standing to bring the suit. On June 24, 1999, Representative Campbell appealed the ruling to the U.S. Court of Appeals for the District of Columbia. The appeals court subsequently agreed to hear the case on an expedited basis before Judges Silberman, Randolph, and Tatel. On February 18, 2000, the appeals court affirmed the opinion of the District Court that Representative Campbell and his co-plaintiffs lacked standing to sue the President.76 On May 18, 2000, Representative Campbell and 30 other Members of Congress appealed this decision to the United States Supreme Court. On October 2, 2000, the United States Supreme Court, without comment, refused to hear the appeal of Representative Campbell, thereby letting stand the holding of the U.S. Court of Appeals.

     

     <

    Intelligence Budget

    The foreign aid package:


    From WP:

    One Republican House member recalls: “I’ll never forget Johnson one time said, ‘I’ve gone from representing my district only to representing the entire [House] and the country.’ For someone to go from where he was to where he is now as quickly as he did … is remarkable.”

    From NYT:

    Mr. McCaul, who repeatedly huddled with Mr. Johnson and the chairmen of the other congressional national security committees in a secure room of the Capitol where lawmakers can review classified material, described Mr. Johnson’s journey as “transformational.”

     Ukraine vote in House

    Impact of Russian disinformation

    Israel vote in House (the horseshoe theory)

    (The rule bundled these separate votes into amendments to HR 815): "Provides that upon disposition of H.R. 8034, H.R. 8035, H.R. 8036, and H.R. 8038, the House shall be considered to have concurred in the Senate amendment to H.R. 815 with an amendment consisting of the text of H.R. 8034, H.R. 8035, H.R. 8036, and H.R. 8038, as passed by the House, if passed by the House.)

    Senate concurs, sends to POTUS



    Monday, April 22, 2024

    Foreign Policy and National Security

    Today, we end at 12:10 because I have a noon meeting.

    For next time: coverage of the aid bill in The Washington Post and The New York Times.

    Course evaluations at the end of next class.  Bring your devices.

    On January 12, 1991, House Speaker Tom Foley (D-WA) spoke about the impending Gulf War. Click for video of their remarks, so you can see what grownups look like:

    Foreign Affairs Generally

    Treaties and International Agreements (Davidson 427-428)

    War and Intelligence

    (FY)
    1962.................49.0%..........8.9%
    1972.................34.3%..........6.5%
    1982.................24.8%..........5.6%
    1992.................21.6.............4.6%
    2002.................17.3%..........3.2%
    2012.................19.2%..........4.2%
    2022.................12.2%..........3.1%
    2023.................13.4%..........3.0%
    2024.................13.1%..........3.2%


    Prologue:  Steps in launching a nuclear war

    Hamilton in Federalist 8: "It is of the nature of war to increase the executive at the expense of the legislative authority."

    Tocqueville, p. 126: "If the Union’s existence were constantly menaced, and if its great interests were continually interwoven with those of other powerful nations, one would see the prestige of the executive growing, because of what was expected from it and of what it did."

    The Constitution:

    To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
     To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
    To provide and maintain a navy;
    To make rules for the government and regulation of the land and naval forces;

    To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

    To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
    Article II, section 2:
    The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States;
    CRS explains that a declaration of war has enormous legal consequences
    [A] declaration of war automatically brings into effect a number of statutes that confer special powers on the President and the Executive Branch, especially concerning measures that have domestic effect. A declaration, for instance, activates statutes that empower the President to interdict all trade with the enemy, order manufacturing plants to produce armaments and seize them if they refuse, control transportation systems in order to give the military priority use, and command communications systems to give priority to the military. A declaration triggers the Alien Enemy Act, which gives the President substantial discretionary authority over nationals of an enemy state who are in the United States. It activates special authorities to use electronic surveillance for purposes of gathering foreign intelligence information without a court order under the Foreign Intelligence Surveillance Act. It automatically extends enlistments in the armed forces until the end of the war, can make the Coast Guard part of the Navy, gives the President substantial discretion over the appointment and reappointment of commanders, and allows the military priority use of the natural resources on the public lands and the continental shelf. 
    There have been 11 declarations of war.

    Use of military force abroad (usually without a declaration of war)

    The War Powers Resolution -- 
    From CRS:
    The War Powers Resolution (P.L. 93-148) was enacted over the veto of President Nixon on November 7, 1973, to provide procedures for Congress and the President to participate in decisions to send U.S. Armed Forces into hostilities. Section 4(a)(1) requires the President to report to Congress any introduction of U.S. forces into hostilities or imminent hostilities. When such a report is submitted or is required to be submitted, Section 5(b) requires that the use of forces must be terminated within 60 to 90 days unless Congress authorizes such use or extends the time period. Section 3 requires that the “President in every possible instance shall consult with Congress before introducing” U.S. Armed Forces into hostilities or imminent hostilities.

    From 1975 through March 2017, Presidents have submitted 168 reports as the result of the War Powers Resolution, but only one, the 1975 Mayaguez seizure, cited Section 4(a)(1), which triggers the 60-day withdrawal requirement, and in this case the military action completed and U.S. armed forces had disengaged from the area of conflict when the report was made.

    Blog Archive