James Madison 's View On The President

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

These war-making power developed over time. Through the Korean War and the Vietnam War, the president got the power to initiate hostilities without consulting the Congress. The War Power Act, is the example for the power of the president, it describes that the president is able to progress the war without the consent of National Assembly for 60 days. But the Congress still have the power to declare war based on the constitution.

Article I, Section 8, Clause 11 of the U.S. Constitution assigns Congress the power to declare war. The President, meanwhile, derives the power to direct the military after a Congressional declaration of war from Article II, Section 2, which names the President Commander-in-Chief of the armed forces. These provisions require cooperation between the President and Congress regarding military affairs, with Congress funding or declaring the operation and the President directing it. Nevertheless, throughout the 20th and 21st centuries, Presidents have often engaged in military operations without express Congressional consent. These operations include the Korean War,

There is a long standing debate in American politics over whether or not the President has unilateral war powers. Article II, Section 2, Clause 1 of the United States Constitution states that the President will be Commander in Chief of the navy and army and thus has the power to organize and lead military operations. However, the power to declare war officially lies in the hands of Congress based on Article I, Section 8, Clause 11 of the Constitution. This division of war power between the executive and legislative branches seems to have been designed to give the President the power to defend the nation in times of crisis, but also to give some power to Congress in order to ensure that the President does not

Who has more war power, Congress or the President? Due to the power over each other, in my opinion, the war powers separated between the executive and legislative branch are in balance. Congress must be informed of military action taken by the President. That may mean he moves troops into the Middle East or he decides to station more troops in Eastern Europe. A specific example would be when the President moved his forces into the Gulf in 1991. He had to inform Congress within 48 hours of his appointment. When the founding fathers wrote the Constitution, there were many war powers given to the executive branch that were unclear to the extent of the authority. However, with many interpretations and legislation passed, it is clear that neither

Congress and the president use their powers to check and balance each other. One power of Congress is the ability to declare war. However, Congress generally gives the president control during war time. Because of this, the president is able to acquire more power over the war while Congress can do little if they have already given their approval. After the Vietnam War, in which Presidents Johnson and Nixon continued to wage despite a divided Congress[i]; they decided that the Constitution did not warrant the president to have the power to declare war, so they passed the War

Article II, Section 2 of the US Constitution names the president as "Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States." It gives the President the sole constitutional power to engage in foreign aggression. By contrast, in Article I, Section 10, the Constitution prohibits states from "engag[ing] in War, unless actually invaded, or in such imminent Danger as will not admit of delay" unless they have obtained the "Consent of Congress." No such limitation for the president about the expression of war. Article II lets the President have power over foreign relations, like the making of treaties and the appointment of ambassadors, but only with the consent of Congress. The constitution has no such check on military use. But, Congress does have the power to

One of the primary purposes of the Constitution of the United States is to divide powers between the Congress and the President. The President of course is the Commander in Chief of all the armed forces. Congress on the other hand is empowered by the Constitution to raise and support armies, to establish a navy, to declare war, to control war through things called letters of marque, and letter of reprisal, and to call forth a militia, the National Guard. So the Constitution envisions a balancing and a complementary relationship between the President and Congress when talking about war powers. But we have also got to recognize that historically when your dealing with times of war and great crisis affecting the United States, the

The framework provided by the Constitution was quickly augmented as was deemed necessary. In 1793, George Washington asserted a presidential prerogative to act without congressional consultation in order to be able to act swiftly in responding to foreign crises and preserve the state (Jordan et al, 2009, p. 74). By the time of Abraham Lincoln’s administration, war power as a derivative of being commander-in-chief had become an accepted justification for acting unilaterally. The relationship between national emergency as presidential prerogative was firmly established. This presidential prerogative eventually expanded to include confronting the crises of a global war, that of World War II (Jordan et al, 2009, p. 74).

Although the Constitution expressly grants the president the title of commander-in-chief, the power to give or revoke permission for military deployment to the legislative branch can only be found in the text indirectly. In article I, section 8, clause 11 of the Constitution, Congress is given the power to “declare war”. Those such as Stephen Carter, professor of law at Yale University, contend that with this power, Congress should be able to prevent war as well. Without the authority to stop a president from placing troops into areas of high contention, the ability to declare war or peace is rendered useless. Therefore, a supporting argument can be made that the WPR is not an unconstitutional check on presidential power, but rather a clarifying definition of what Congressional authority really should be

The Constitution has given Congress the war-making powers as it states in Article 1, Section 8. Although they have given them the power to declare war, it is the Presidents job to direct the military. The war-making powers that Congress attained are: to raise and support armies, gather the funds for war and maintain the conduct of wars still going on. The greatest power of the government is the ability to send others into a war to fight, kill and, god forbid it, die for their country. When writing the Constitution, the founders were scared they were giving the President too much power and they worried that the system of Checks and Balances might fail us one day. All throughout history we have fault with the decision to go to war or not, and there are factors that need to be thought of when deciding on war or not. Those factors are the raising threat of terrorism, the members of congress that would vote for war and the evidence that sending these men and women into war will benefit the United States.

Executive powers during times of conflict and crisis expand to allow certain actions to occur that would not be viewed as constitutional during a time of peace. This expansion of power allows the president to do what is necessary during times of conflict to ensure the protection of the nation. Although flexibility is necessary during wartime, presidents often test the separation of powers doctrine defined by the Constitution. Article I Section 8 clearly states that Congress has the power to declare war; however, the executive circumvents this by failing to utilize the word “war”. This expansion of presidential power results in a chief executive that exhibits both legislative and executive powers. Therefore, an amendment to Article I Section 8 is essential to prevent the unconstitutional expansion of presidential power during times of conflict. The Amendment shall read: Congress shall authorize the use of military force in all offensive and preemptive conflicts. The President, in the case of imminent danger, may deploy military forces as necessary; upon deployment the President shall report to Congress within forty-eight hours. These constitutional changes reflect the need to distinguish specific powers that each branch will maintain.

The president, being the commander in chief, should be able to to take matters into his own hands and determine what to do in a time sensitive matter, such as war. The reason for that is Congress, due to its “loose decentralized structure,” will take an extensive amount of time in order to decide matters, however the branch of government that does not have to tolerate many vetoes or be hindered by disagreement should be the one to decide the decisions in foreign affairs. Due to the nature of foreign affairs, involving the “highest of stakes” the present laws are not suitable decrees that can determine what can or cannot be done(John Yoo, “Wars Belong to the President”). The Constitution has many procedures for laws, designating officers and the making of treaties, but there is none that determine the execution of war. In order to protect the country and its citizens the executive branch needs compliance so it can take advantage of opportunities to drive out terrorists (John Yoo, “Wars Belong to the

According to Article One, Section Eight, Congress has the power “To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;” This means that Congress must be consulted before going to war and has the power to not only declare war, but also the power to raise an army and navy, to fund war effort; however, the President, in Article II, is named commander-in-chief of the armed forces, but this does not give him the power to commit armed forces to war.

Under the constitution of the United States, the congress has the powers to declare war, raise and support the armed forces, and to fund the wart through taxation. The president on the other hand has