On the surface it seems the War Powers Resolution of 1973 is unconstitutional.

But it has been tried 5 times and the federal courts have basically held up their hands and instructed congress and the president to just work it out. The four cases are:

1. Crockett v. Reagan (1982): Eleven members of Congress challenged President Reagan’s deployment of military advisers to El Salvador, alleging a violation of the War Powers Resolution. The U.S. District Court dismissed the suit, finding that Congress had other remedies (e.g., legislation) and that the issue was a political question, not suitable for judicial review.

2. Lowry v. Reagan (1987): Members of Congress sued over Reagan’s actions in the Persian Gulf during the Iran-Iraq War, claiming non-compliance with the War Powers Resolution. The court dismissed the case, citing a lack of standing and the political question doctrine.

3. Dellums v. Bush (1990): Fifty-four members of Congress sought to enjoin President George H.W. Bush from initiating military action in Iraq without congressional approval. The court declined to intervene, stating the issue was not ripe for adjudication since no military action had yet occurred and Congress had not fully asserted its authority.

4. Campbell v. Clinton (2000): A member of Congress challenged President Clinton’s bombing campaign in Kosovo, which continued beyond the 60-day limit without congressional authorization. The D.C. Circuit dismissed the case, ruling it a non-justiciable political question, as Congress had implicitly authorized the action by funding it, despite the Resolution stating funding does not constitute authorization.

5. Kucinich v. Obama (2011): Ten House members filed a lawsuit against President Obama’s military actions in Libya, alleging a violation of the War Powers Resolution. The court dismissed the case, finding the plaintiffs lacked standing and that the issue was a political question.


With that said is seems the War Powers Resolution of 1973 is in direct violation of Article I, Section 8, Clause 11, which grants Congress the sole power to declare war. And by the Supremacy Clause in Article VI, Clause 2, Article I, Section 8, Clause 11 should make the War Powers Resolution of 1973 null and void.