L Elaine Halchin

The crux of a presidential transition is the transfer of executive power from the incumbent to the President-elect. Yet the transition process encompasses a host of activities, beginning with pre-election planning and continuing through inauguration day. The process ensures that the federal government provides resources to presidential candidates' transition teams, and, eventually, the President-elect's team; and includes close coordination between the outgoing and incoming Administrations. The Presidential Transition Act (PTA) of 1963, as amended, established formal mechanisms to facilitate presidential transitions and authorizes the Administrator of General Services to provide facilities and services to eligible presidential candidates and the President-elect. A presidential transition facilitates the establishment of a new Administration and prepares it to govern. Additionally, as noted by the Senate Committee on Homeland Security and Governmental Affairs in a report on S. 1172 (114th Congress, Presidential Transitions Improvements Act of 2015), planning for a presidential transition helps to ensure the nation's security. The smooth and orderly transfer of power generally is a notable feature of presidential transitions, and a testament to the legitimacy and durability of the electoral and democratic processes. Yet, at the same time, a variety of events, decisions, and activities contribute to what some may characterize as the unfolding drama of a presidential transition. Interparty transitions in particular might be contentious. Using the various powers available, a sitting President might use the transition period to attempt to secure his legacy or effect policy changes. Some observers have suggested that, if the incumbent has lost the election, he might try to enact policies in the waning months of his presidency that would "tie his successor's hands." On the other hand, a President-elect, once in office, and eager to establish his policy agenda and populate his Administration with his appointees, will be involved in a host of decisions and activities, some of which might modify or overturn the previous Administration's actions or decisions.

Under the Constitution of the United States, the President is responsible for prosecuting war and directing the armed military conflicts, including attacks upon the nation. Congress is constitutionally empowered to declare war, may otherwise authorise the involvement of American armed forces in military conflict, appropriate funds for government activities and operations, including military actions, and engages in oversight to assess the extent to which government operations have been efficiently, economically and effectively conducted using appropriated funds. Congress also has a role in prescribing intelligence and foreign policy. In order to meet these responsibilities, Congress needs to be kept aware by the executive branch leaders of all the latest developments and actions that are taking place. Consequently, when on 5 October 2001, George W Bush sent a memorandum to top diplomatic, intelligence and law enforcement officials that emphasised the restriction of information disclosures to Congress, this instalment drew fire from various quarters of the House of Representatives and the Senate. Despite the speedy removal of the restrictive policy by the President, questions surfaced pertaining to the executive branches role in times of war and military conflict in informing Congress regarding American involvement in such events. This book, which is intended to provide background information, also sheds light with a brief review explaining the executive-congressional relations in this regard for 1941-2001.