Alliance and War Powers
Congress has one working tool for controlling war and alliance commitments: the power of the purse and the power to legislate. It has largely stopped using both. The War Powers Resolution of 1973 (50 U.S.C. §§ 1541–1548) was supposed to fix this. It requires the President to report the introduction of forces into hostilities within 48 hours and to terminate that use of force within 60 days (90 with a safety extension) absent a declaration of war or specific statutory authorization. It has not worked. Presidents of both parties have either denied the statute binds them at all or have argued their way around its trigger word, "hostilities," which the statute never defines. In 2011, the Obama administration told Congress that sustained U.S. airstrikes over Libya did not constitute "hostilities" because no ground troops were exposed to return fire — a reading almost no outside legal scholar endorsed, and Congress took no binding action to stop it. In January 2020, after the Soleimani strike, the Trump administration sent Congress a war-powers notification that was entirely classified, with no public version, and argued no further authorization was needed; Congress passed a resolution directing withdrawal of unauthorized force against Iran, and the President vetoed it. The pattern is consistent: a reporting requirement with a deadline, and no enforcement mechanism that survives a presidential veto or a contested definition.
Proposed Constitutional Amendment
§ 1
No defense guarantee, mutual-defense obligation, basing agreement, treaty-like security commitment, major foreign military aid package, intelligence-sharing commitment, combat authorization, or arrangement that materially obligates the United States to defend, arm, finance, support, station forces in, share operational intelligence with, or conduct hostilities for or with a foreign state or foreign force shall remain in effect unless authorized and renewed by recorded vote of Congress.
§ 2
Congress shall by law define covered commitments, but the definition shall include any written, oral, classified, informal, executive, military, intelligence, diplomatic, appropriations-based, or operational arrangement that creates a reasonable expectation by a foreign government, foreign force, international organization, or U.S. agency that the United States will provide defense, basing, military aid, operational intelligence, combat support, or security protection beyond a temporary mission.
An arrangement is not exempt from this article because it is styled as an executive agreement, a status-of-forces agreement, an alliance consultation mechanism, or a determination that an armed attack has occurred;
only a recorded vote of Congress under this article converts a commitment into a continuing legal obligation of the United States.
§ 3Each covered commitment shall expire unless renewed by recorded vote
Combat authorizations shall expire not later than two years after enactment or renewal.
Defense guarantees, basing agreements, major security-assistance frameworks, and intelligence-sharing commitments shall expire not later than five years after enactment or renewal.
Congress may prescribe shorter periods.
No combat authorization, defense guarantee, or basing agreement may be renewed by reference, incorporation, appropriation rider, or continuing resolution;
renewal requires an up-or-down recorded vote on the commitment itself.
§ 4
Before final vote, Congress shall receive and publish a statement identifying the existence, parties, legal authority, duration, fiscal cost, force exposure, weapons or intelligence obligations, termination rights, and strategic obligation of each covered commitment.
Operational details, intelligence sources and methods, military plans, and sensitive diplomatic materials may be included in a classified annex available to Members under secure procedures.
A commitment's existence, parties, and cost may never be withheld from the public statement, even where operational detail is classified.
§ 5
The executive branch may not convert temporary deployments, emergency authorities, secret commitments, intelligence liaison relationships, letters, memoranda, public statements, appropriations language, procurement activity, training missions, exercises, or logistical support into permanent foreign obligations without recorded congressional authorization.
A determination by the executive branch that a foreign deployment does not constitute hostilities, combat, or a covered commitment is not self-executing and is subject to the judicial review established under Section 7.
§ 6
A covered commitment not authorized or renewed as required by this article shall have no domestic legal effect, shall not bind appropriated funds after expiration, and shall not authorize hostilities or continued basing except as necessary for orderly withdrawal, force protection, evacuation of U.S. persons, or compliance with a declaration of war or specific statutory authorization.
Expiration of a combat authorization under this article requires the President to terminate the use of force to which it applied not later than 30 days after expiration, subject to the same exceptions.
§ 7
Congress shall establish expedited procedures for disclosure, debate, renewal, termination, and judicial review.
Any House of Congress, authorized committee, or Member designated by chamber rule may seek judicial relief to enforce this article, including relief compelling termination of an unauthorized commitment or use of force.
Congress shall have power to enforce this article by appropriate legislation.
Implementation Schedule
Within 180 days after ratification, the President shall transmit to Congress a complete inventory of covered commitments, including classified annexes. This inventory shall separately identify, at minimum: standing combat authorizations claimed under any statute enacted before this article, including any use-of-force authorization not limited by its own terms to a specific conflict or a fixed period; defense treaties and the status-of-forces or basing agreements executed under them; and intelligence-sharing arrangements not previously disclosed to the public. Existing commitments shall expire one year after transmittal unless Congress renews them. Emergency use of force after an attack on the United States, its territories, possessions, or armed forces remains available for immediate defense, but any continuing hostilities must be authorized under this article.
Implementation notes
Implementation notes enter the public record when a released draft includes transition, enforcement, or severability instructions.