<P> The War Powers Resolution has been controversial since it was passed . In passing the resolution, Congress specifically cites the Necessary and Proper Clause for its authority . Under the Necessary and Proper Clause, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof . </P> <P> Because the Constitution Article 1 Section 8 limits the President's authority in the use of force without a declaration of war by Congress, there is controversy as to whether the provisions of the resolution are consistent with the Constitution . Presidents have therefore drafted reports to Congress required of the President to state that they are "consistent with" the War Powers Resolution rather than "pursuant to" so as to take into account the presidential position that the resolution is unconstitutional . </P> <P> One argument for the unconstitutionality of the War Powers Resolution by Philip Bobbitt argues "The power to make war is not an enumerated power" and the notion that to "declare" war is to "commence" war is a "contemporary textual preconception". Bobbitt contends that the Framers of the Constitution believed that statutory authorization was the route by which the United States would be committed to war, and that' declaration' was meant for only total wars, as shown by the history of the Quasi-War with France (1798--1800). In general, constitutional powers are not so much separated as "linked and sequenced"; Congress's control over the armed forces is "structured" by appropriation, while the President commands; thus the act of declaring war should not be fetishized . Bobbitt also argues that "A democracy cannot...tolerate secret policies" because they undermine the legitimacy of governmental action . </P> <P> A second argument concerns a possible breach of the' separation of powers' doctrine, and whether the resolution changes the balance between the Legislative and Executive functions . This type of constitutional controversy is similar to one that occurred under President Andrew Johnson with the Tenure of Office Act (1867). In that prior instance, the Congress passed a law (over the veto of the then - President) that required the President to secure Congressional approval for the removal of Cabinet members and other executive branch officers . The Act was not declared unconstitutional by the Supreme Court of the United States until 1926 . When Andrew Johnson violated the Act, the House of Representatives impeached him; action in the Senate to remove him failed by one vote . </P>

By law the president is required to inform congress within