Reading Room Document

Legal Assessment of the War Powers Resolution National Security Council

This opinion, written by Daniel Koffsky, analyzed how courts would evaluate the constitutionality of the War Powers Resolution, including by addressing justiciability questions. Most notably, the opinion concluded that section 5(b) of the Resolution, which requires the president to terminate hostilities if more than sixty days have elapsed without Congressional approval, was facially constitutional but in some circumstances would be unconstitutional as applied. However, the opinion concluded that it was unlikely for a court to reach the merits of the constitutionality of the War Powers Resolution.

June 9, 1993