What authority allows the President to deploy U.S. armed forces without congressional approval?

The War Powers Resolution of 1973 is fundamentally designed to clarify the President's authority to deploy U.S. armed forces without immediate congressional approval, especially in situations where the U.S. is engaged in hostilities or is in imminent danger. This resolution allows the President to take military action under the executive powers as Commander-in-Chief, while simultaneously setting specific parameters for reporting to Congress and a 60-day limit on military engagement without congressional authorization.

The purpose of the War Powers Resolution is to ensure that the legislative branch retains a level of oversight and responsibility over matters of war, but it recognizes that certain situations may necessitate quick military action. Therefore, this authority reflects a delicate balance between the need for decisive executive action and the foundational principle of civilian oversight of the military.

In comparison, Title 32 of the United States Code governs the use of the National Guard but does not specifically address the President's authority to unilaterally deploy armed forces. The National Security Act primarily restructures the defense apparatus and manages intelligence-related functions, while the Joint Planning Process pertains to military planning rather than the authority for deployment itself.