Encyclopedia of the Persian Gulf War

Page 301

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War Powers Act–Women, Role of in Operations Desert Shield/Desert Storm

War Powers Act

Congress’s abrogation of its oversight responsibility after the passage of the Gulf of Tonkin Resolution, which authorized to President Lyndon B. Johnson “unlimited means” to conduct the Vietnam War, led to the passage of this still controversial legislation on 7 November 1973. Although vetoed by President Richard Nixon, both houses of Congress overrode the veto.

The War Powers Act, introduced by Senator Jacob K. Javits in the Senate and cosponsored by 58 other senators, establishes a standard set of guidelines for congressional notification when and if a president decides to commit American troops to a combat zone. American leaders since George Washington have dealt with the issue of whether a chief executive can undertake American foreign policy without congressional approval; in 1793, Secretary of State Thomas Jefferson conceded that even Washington’s issuing of a proclamation of American neutrality (in the ongoing war between Britain and France at that time) was “an encroachment on the congressional war power.” Presidents since Richard Nixon have resisted triggering the War Powers Act itself, labeling it an infringement of the president’s powers as commander in chief as set forth in Article II, section 2 of the U.S. Constitution.

Congressional debate surrounding the resolution approving the beginning of Operation Desert Storm was both heated and partisan, but in the end, both houses of Congress sanctioned the use of force by American troops.

The Supreme Court has yet to determine whether or not the War Powers Act is constitutional. However, in Woods v. Miller Company (U.S., 1948), Supreme Court Justice Robert H. Jackson wrote, “No one will question that [the war] power is the most dangerous one to free government in the whole catalogue of powers. It usually is invoked in haste and excitement when calm legislative consideration of constitutional limitation is difficult. It is executed in a time of patriotic fervor that makes moderation impossible. And, worst of all, it is interpreted by judges under the influence of the same passions and pressures.”

See also

Appendix 4, The War Powers Act, 7 November 1973;

Joint Congressional Resolution, on the Use of Force in the Persian Gulf, 12 January 1991;

Letter from President George Bush to Speaker of the House Thomas S. Foley, 18 January 1991;

Congressional Debate.

References:

Javits, Jacob K., with Don Kellerman, Who Makes War: The President versus Congress (New York: Morrow, 1973), 22;

Shane, Peter M., and Harold H. Bruff, The Law of Presidential Power: Cases and Materials (Durham, NC: Carolina Academic Press, 1988), 642–645.

Westland Lynx

This Anglo-French helicopter served on several frigates with the British marine fleet during Operations Desert Shield and Desert Storm.

The Westland Lynx is powered by two Rolls-Royce Gem 2 turboshaft engines, each providing 900 shaft horsepower. The craft seats two crew (pilot and copilot or observer), and can carry up to ten troops. With an overall length of 49 feet 9 inches (15.17 m), the Lynx’s maximum speed is 205 mph (330 km/h) with an unrefueled range of 475 miles (764 km). Armaments comprise an assortment of missiles, cannons, or torpedoes. Variants of the copter include the AH.1 (British army), HAS.2 (British Royal Navy and French navy), and the HT.Mk 3 Trainer used by the British Royal Air Force.

References:

Polmar, Norman, ed., World Combat Aircraft Directory (Garden City, NY: Doubleday, 1976), 338–339;

Taylor, John W. R., Jane’s All the World’s Aircraft, 1980–81 (London: Jane’s Publications, 1980), 255–257.

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