authorisation or a declaration of war (which, as explained above, is a congressional
power) has been controversial. While Presidents have, de facto, used their authority to
send US troops into combat or into situations of imminent hostilities in the past, this
remains an issue of concern today.
The issue of presidential use of armed forces without congressional authorisation was
addressed in the 1973 War Powers Resolution, which was passed by Congress overriding
the veto of President Richard Nixon. The resolution aimed at establishing procedures for
both the executive and legislative branch to share decisions regarding involvement in war
or deployment of US armed forces in hostile situations. Under this law, the President
must:
consult with Congress before sending US troops into hostile situations;
report commitment of US forces to Congress within 24 hours;
end military action within 60 days if Congress does not declare war or authorise
the use of force.
According to the Congressional Research Service, from 1975 to 2012, presidents have
submitted more than 130 reports related to deployment of US forces, as required by the
resolution. However, only a single occasion, the 1975 Mayaguez incident, cited action
triggering the sixty-day time limit.
Congress retains the ‘power of the purse’ when it comes to the approval, modification or
rejection of defence spending (the Department of Defense budget). The National Defense
Authorization Act (NDAA) is an annual federal law specifying the Department of Defense
budget and expenditures. It advances the vital funding and authorities that America’s
military requires. In addition, Congress oversees the defence budget primarily through
defense appropriations bills.
Experts argue that powers related to warfare remain ‘spelled out more clearly for
Congress but in practice are dominated by presidential action’.
Contribution to the North Atlantic Treaty Organization (NATO)
During his campaign, and as President-elect, Donald Trump criticised NATO as 'obsolete', leading
to speculation that he would consider decreasing US contributions to the alliance. However, in
his first presidential address to Congress, on 28 February 2017, President Trump said his
administration ‘strongly supports’ NATO, but reiterated his appeal to ‘partners to meet their
financial obligations’. However, US participation in NATO is also subject to congressional
approval, as it is directly linked to budgetary approval. For example, in 2015, the Obama
administration requested, and Congress appropriated, about US$1 billion for a new European
Reassurance Initiative (ERI) in the Department of Defense (DOD) Overseas Contingency
Operations account. This was a contribution to increased US military activities under Operation
Atlantic Resolve. In 2016, the administration requested, and received, US$789.3 million for ERI.
The ERI aims at enhancing US military activities, including increased military presence in Europe;
additional bilateral and multilateral exercises, and training with allies and partners; enhanced
prepositioning of US equipment; and intensified efforts to build partner capacity for newer NATO
members and other partners. In its proposed budget for the 2017 financial year, the Obama
administration requested US$3.4 billion (a fourfold increase) in funding for the ERI, primarily to
enable ‘a quicker and more robust response in support of NATO’s common defence’. The 2017
budget is currently funded with a stop-gap measure. When a full budget is passed (possibly in
April 2017), Congress’s response to the request will be clearer. President Trump’s proposed
budget for 2018 increases defence spending by US$54 million.