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American War Powers and Terrorists: The Case of Usama Bin Laden

NCJ Number
185909
Journal
Studies in Conflict & Terrorism Volume: 23 Issue: 3 Dated: July-September 2000 Pages: 161-174
Author(s)
Ryan C. Hendrickson
Date Published
2000
Length
14 pages
Annotation
This article considers American war powers and terrorists, specifically the case of Usama Bin Laden.
Abstract
During the Cold War, an "imperial presidency" developed regarding the decision to use force abroad. Although the Constitution and the War Powers Act of 1973 grant significant war powers to the Congress, Congress largely deferred and granted those powers to the Commander in Chief. This practice held true when the United States used force against "terrorist" actors, such as President Reagan's strikes against Muammar Qaddafi. However, President Clinton's strikes against Usama Bin Laden are a different example of the war powers interplay. Domestic political considerations for Clinton and the nature of the United States target presented new incentives and an unprecedented case of much closer consultation with Congress prior to using force. The article includes a short discussion of the War Powers Act, comparison of the Qaddafi and Bin Laden cases, and possible influences on future military actions. The article concludes that American Presidents would be wise to share intelligence with Congressional leaders in order to avoid public controversy over war powers authority and to meet a higher democratic standard. Notes