balance before a crisis even occurs, and to give the United Nations the capacity to take prompt action on a limited scale.
In addressing the constitutional war powers issues raised by U.N.-authorized military actions, the President and Congress should keep in mind the differences between the three war powers models as they work to strengthen the U.N.'s ability to respond to the many diverse threats to international peace and security. In the immediate future, the political accommodation approach may prevail, as it ultimately did during the Gulf War. In the longer term, however, the contract approach deserves greater attention than it has received thus far, if only because the types of conflicts for which it is applicable will be so numerous.
Despite its advantages, however, the contract model win not resolve all the war powers questions that will arise in the U.N. context. Member states entering into Article 43 agreements are likely to attach too many conditions and limitations upon them for Article 43 forces to be of much value in large-scale conflicts requiring a substantial force deployment. In future cases of major cross-border aggression, the Security Council may rely again on a delegated mandate approach, in which U.S. troops participate not under Article 43 agreements but as part of an ad hoc coalition of national forces assembled for a specific large-scale response. 87
In such cases, it will largely be up to the Congress and the President--in their usual war powers tug of war--to determine whether a political accommodation will be reached or whether the police power model will reign by default. Even in these cases, however, the existence of a contract framework (and the numerical limits it establishes) would undercut the legitimacy of police power claims that the President has unilateral authority once the Security Council has authorized an action. The contract approach may thus contribute to a greater and more effective congressional role in assessing the merits of U.S. participation in specific U.N. military operations, especially when substantial numbers of American troops are involved.