District of Columbia Circuit Court
203 F.3d 19 (2000)
In 1999, President Clinton ordered the participation of U.S. military forces in NATO missile attacks in Yugoslavia. Within 48 hours he submitted a report to Congress that outlined the reasons for the use of military forces and the scope and duration of the deployment, and in which he asserted that his actions were based on his authority as Commander in Chief and Chief Executive. Congress voted not to declare war or to issue an authorization for the missile strikes, but it did vote not to require an immediate end to U.S. involvement in the NATO strikes and voted to fund that involvement. Several congressmen brought suit, arguing that President Clinton had violated the War Powers Resolution (WPR) and the War Powers Clause of the U.S. Constitution. The WPR requires the President to submit a report to Congress within 48 hours of any military involvement in hostilities, and to terminate military involvement unless Congress declares war or enacts authorization for the involvement within 60 days. The district court found that the congressmen lacked standing to bring suit.
Rule of Law
Holding and Reasoning (Silberman, J.)
Concurrence (Silberman, J.)
Concurrence (Tatel, J.)
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