Constitutionality Of The War Powers Act

946 WordsDec 16, 20154 Pages
Constitutionality of the War Powers Act and the claim of executive privilege? Congress passed the War Powers Act that acknowledges the presidential right to take limited military action before receiving congressional approval, but requires him to file a formal report with Congress within forty-eight hours of initiating hostilities. The use of military action is limited to sixty days without congressional approval. An additional thirty days can be granted if it is necessary to withdraw the troops. The War Powers Act is unconstitutional because it violates the separation of powers and limits the president’s power as Commander-in-Chief of the Armed Forces. Only the president has the power to send or withdrawal troops when he sees necessary. Congress does not have the executive authority to control the United States Armed Forces. By passing the War Powers Act, Congress is attempting to take on the role of the Commander-in-Chief by dictating the president’s actions, and interfering with his official duties. According to Bowsher v. Synar, Congress violated the separation of powers by giving a member of Congress executive powers. The Court held that a member of the legislative branch cannot have the same powers as those given to members of the executive branch. Using the holding in Bowsher, Congress overstepped its boundaries by passing the War Powers Act, making the Act unconstitutional. Not only did the Act violate the separation of powers, it also interfered with Bush’s
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