Constitutionality Of The War Powers Act

The Constitution gave sole authority to declare war, as well as raise and support an Army and Navy, to the legislative branch. Furthermore, Congress was granted the power of the purse. Modeled after the British Parliament’s control over the King through the control of money, the framers of the constitution created a separation of powers supported by the philosophy of Locke and Montesquieu, oversight through funding. The frames intent for these powers would enable Congress to balance the authority of the President, the Commander in Chief, and submit him to Congressional approval for the use of force.

Decisions that presidents had made previously with little congressional participation. Under Article I, Section 8, of the Constitution in the Government of the United States, or in any Department or Officer thereof. Congress is granted responsibility for caring out their powers as well as all other powers in the Constitution. This gives them the constitutional right to establish certain procedural implements for war proceedings. Thus, the central purpose of the War Powers Resolutions to restrain the president from unilaterally deploying U.S. Armed Forces. Constant with this intent, legislation imposed the president to report and consult with congress. More notably, it provides congressional supervision by permitting congress to force troop

One of the most important principles incorporated in the U.S. Constitution is separation of powers. The U.S. Constitution divided the central government into three branches and created a system of checks and balances as a way to prevent the concentration of power. “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” In order to be sure that the main

- The War Measures Act was first passed in 1914; this was a response to Canada’s involvement in WWI. This act has only been invoked 3 times all throughout Canada’s history. This act gave large power to the Canadian government or revolt.

The War Powers Act limits the power of the President of the United States to wage war without the approval of the Congress. The War Powers Act is also known as The War Powers Resolution. The purpose of the War Powers Resolution is to ensure that Congress and the President share in making decisions that may get the United States involved in hostilities. It prohibits the President from waging war beyond 60 days without the Congressional approval (MILNET: The War Powers Act of 1973). Authorization can be made in many forms such as a temporary waiver of the Act or via a Declaration of War (MILNET: The War Powers Act of 1973).

The Constitution is supposed to divide war powers between the president and Congress, but in today’s society that has not always been the case. We live in a country with competing views, but our Constitution was created through disagreement. While the Constitution is a source of cherished and unifying political ideas, it can provoke some of the most intense quarrels because of its principles and protections. It is also debated and applied to present circumstances daily. To get back to the presidential power argument, President Barack Obama sent United States military into combat without the consent from Congress. “As a presidential candidate in 2007, Senator Obama stated, “The President does not have power under the constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation” (Yoo). President Barack Obama announced four years later, that he was acting on his constitutional authority to conduct U.S. foreign relations as the commander in chief/chief executive by the intervention with Libya. Throughout our history, neither presidents nor Congress have carried out the beliefs that the constitution requires a declaration of war before the U.S can allow for the military to act. “We have forced abroad more than 100 times but declared war in only five cases: The War of 1812, the

The President may not declare war, but he may deploy soldiers. He may require in writing the opinions of any of the heads of state departments as it relates to their respective offices. The President also has the power to grant reprieves and pardons for offenses against the U.S., except in cases of impeachment. The President also has the power to make treaties with foreign powers provided the Senate has consented by a two-thirds majority. He may also appoint ambassadors, ministers, consuls, judges of the Supreme Court, and other officers with the advice and consent of the Senate. The President also has the power to fill vacancies in the Senate temporarily. On extraordinary occasions, the President may convene or temporarily adjourn either or both legislative houses in the interest of resolving disputes. The President is also charged with meeting with ambassadors and other public representatives. The President can also be impeached for treason, bribery, or other high crimes or misdemeanors. With the presidential powers now outlined, let us explore the opposing opinions of each presidential power(Colonies of Nations, 549-553).

However, some ways the president’s power gets limited includes needing the approval of the Senate for treaties and appointing government officials, not being able to officially declare war, and not being able to make any laws as their own opinion unless they make an executive order. The Constitution gave these powers to the president so the executive branch limits what the Congress can do. For example, if the president does not gain the veto law power, the Congress would force the president to sign all laws passed by the Congress. As a result, the Congress would be similar to the British monarch when they tightened control over the 13 colonies, making laws that only benefits themselves. Article 2 section 2 lists the powers of the president, and how the president gets limited on

LBJ also set a precedent for sidelining Congress in the decision about whether to go to war—a decision that the Constitution explicitly gave to the legislature, not the president. In 1973, Congress tried to hit back with the War Powers Resolution, written to reassert its constitutional prerogative. But, as Maddow shows, that idea has been kicked around by every president from Ronald Reagan (Grenada) to Bill Clinton (the Balkans) to the Georges Bush (Saddam) to Barack Obama (Libya). Congress doesn’t declare war, and the president sends the troops anyway.

The War Powers Resolution didn’t only put restrictions on the President’s power, but also set those of the Congress in stone. The Congress has quite a few formal powers, but those based solely on war issues include that of appropriating funds for war. The President may sends troops into conflict and plan to attack, but without the funding from the Congress this is not possible. Funding control greatly increases the Congress’ role in war making. With the War Powers Resolution in place the Congress can severely limit the President’s war

The War Powers Resolution is considered a law created by the government to check that the president’s power is in line and he doesn’t authorize any armed conflict without the agreement of the congress. The law was passed by the Congress on November 7, 1973 and became widely used to prevent unneeded conflict. This resolution was considered a way to prevent future wars but the president’s found the act offensive as an undermining of their authority. There are many things that the president can’t do without the congress's consent. First is that the president and the congress have to both has the same idealistic views when impacting hostiles with armed forces. Next is that congress has the right to move armed forces into enemy territory where as

became concerned with the “abuse” of this power, particularly those executed by former Presidents Lyndon Johnson and Richard Nixon (288). This concern emerged during the Vietnam and Korean wars when the United States was in great conflict with the nations without a formal Declaration of War by Congress. In an effort to limit the President’s power, Congress passed the War Powers Resolution which established guidelines for the executive during times of conflict. The Resolution requires the President to alert Congress of his intentions to commit forces. However, the President must withdraw forces within 60 days unless Congress declares war, grants special authorization, extends the 60 day period, or is unable to physically meet as a result of an armed attack against the United States (288). The President is provided the power to extend the 60 day period if he determines that doing so is necessary for the safety and

The War Powers Act was explicitly meant to limit presidential powers during war time, but it has failed to do so. The ninety day limit has never been followed and while 99 reports have been submitted to Congress because of the Resolution, the reports are simply to inform, rather than consult with Congress, after a planned action is already under way. During the presidential reign of Gerald Ford, the United States was involved with six military crises: the rescue of U.S. citizens and refugees in Vietnam after the war, the rescue of the Mayaguez, and two evacuation operations in Lebanon. The War Powers Act was not applied in any of these situations, and it’s relevancy in military

“Congress has a portion of the war power because the members of Congress come from the several states and have close ties to all the people. The idea was that by splitting up the war power, the country would not go to war unless both constituencies – meaning the whole country – supported war.”("Understanding the Constitution of the United States"). Only way for a war to happen is if congress deems it reasonable, subordinating the executive branch.

Presidential power has increased immensely over recent years and little is being done in an attempt to restore the original intent of the Constitution. There are multiple factors that affect this, including the executive orders of presidents, the Constitution giving an unequal distribution of power between the executive and legislative branch, the failure to use checks and balances, and the ineffectiveness of Congress. With the lack of congressional involvement in legislative decisions, the president has the ability to take matters in their own hands.