The Division Of War Powers

The main breaking point between the President and Congress was in the Vietnam war. This war sparked a debate on who has the right to declare war, and who has the right to only send advisory troops. Only Congress has the right to declare war, the President can only send advisory troops to other countries. This is a very controversial topic because many people think that the President can declare war, but they have to ask the Congress first. Another convincing reason on why Congress is more powerful that the President is the fact that Congress can make laws and the President has no say. Laws are the outline of America, and they are the only thing keeping crime from all streets in all states across America. Those are only two reasons why Congress is more important to America than the President. All of these powers are stated in Article 1 of the Constitution and the powers of the President are listed in Article 2 of the Constitution. Some people still disagree, though, they think that the President has more rights than

Moe and Howell point out that the Founders of the Constitution had agreed on an incomplete contract that does not explicitly state what decisions should be made under all current and future contingencies, but builds a governing structure consisting of the president, Congress, and the courts. It also shares powers among them, specifies procedures for public decision-making, and offers a framework of rules that allows leaders to make public decisions as well as handle any contingencies that may come up. The authors then explain that the three branches would fight with each other

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.

Many argue that the most powerful branch in government is the Executive Branch. The President is considered as the most influential and the most important position in the U.S. government. However, the powers granted to Presidents and the prerogative they have exerted are not listed in the Constitution but instead have been adapted and expanded upon by each President. Although the Constitution does not define the powers of the President, it has defined Presidential powers in terms of peace, war, and emergency. A recent expansion of Presidential power, exerted by Bush and then Obama was this “War on Terror (WOT)”. President Barack Obama and his predecessor President George W. Bush have both expanded the powers of the President through the

As the decided cases make clear, focusing mainly on mere historical acquiescence by Congress when examining the President 's exercise of a particular power does not by itself prove that Congress lacks the authority to limit the exercise of that power when it gathers the courage and wisdom to do so. Justice Jackson 's Steel Seizure concurrence carried the warning that "only Congress itself can prevent power from slipping through its fingers” and that warning presupposes what is argued here: that Congress, if it so chooses, can regain power lost to the executive branch through its own course of action. If the Congress does not act when conditions demand action, then the President will exercise power because power must be exercised. But the fact that the President exercises a power when Congress does not, does not render that power as "inherent" in the executive or even make it remotely valid. At best, the power is "inherent" in the overall government of the United States of America. Therefore, the argument that Presidents have "always" controlled troops without congressional interference proves no more than perhaps its own premise: that Presidents have always done this. In particular, that historical conclusion makes no statement at all about congressional authority to alter that long-standing state of affairs. Failure to see this crucial distinction accounts for occasional citation to the line of cases beginning with United States v. Midwest Oil Co., as authority for the

Presidents after Franklin D. Roosevelt have viewed the Executive Branch as having supreme authority in foreign policy. George W. Bush justified the war on terror, Iraq, and Afghanistan that skirted congressional requirements by citing the Constitution. Bush believed that he was allowed to take these actions since he was “Commander in Chief” and had a duty to protect American. Bill Clinton used the same justification for his ordering of bombings in Afghanistan, and Sudan. I believe congress needs to lessen the power of the Executive branch on foreign policy. I firmly believe that President’s should be required to receive a declaration of war before they engage forces so America knows that congress has agreed too. The Supreme Court has weighed on the role of Legislative and Executive branch in foreign policy and sided on both sides.

Who has the power to go to war? Most people would say the President while others would say Congress. The War Powers Resolution of 1973 may shine some light on who or whom can declare war.

It is generally agreed that the commander-in-chief role gives the President power to repel attacks against the United States[3][4] and makes the President responsible for leading the armed forces. In addition and as with all acts of the Congress, the President has the right to sign or veto congressional acts, such as a declaration of war.

The United States government is comprised of three branches; executive, legislative and judicial. Of these branches it is said that the President, under the executive branch, has the most power. Congress as part of the legislative branch, however according to the text, “American Government Institutions and Policies” by James Wilson, John Dilulio, and Meena Bose, “to the Framers of the Constitution, the bicameral (two-chamber) Congress was “the first branch.” They expected Congress to wield most of the national government’s powers…and [have] the ultimate authority to declare war” (p. 303). However, as we know the commander in chief (the President) has the authority to declare war, and can be considered as the “central figure in American politics”.

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

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

The U.S Constitution, drafted on May 25, 1787 has been an symbol of American pride, freedom, and the hopes, dreams, and aspirations of the American people from the time of the founding to the present day. This document of course is not perfect and has many controversial clauses throughout it. These clauses, woven into the Constitution, have been considered ignored, misunderstood or misapplied. Some people merely want the correct meaning to be restored by educating the judiciary, others wish to amend the constitution so as to correct the way the constitution is applied. One in particular is the Necessary and Proper Clause. Over time, Congress has used what is considered its greatest stretch of power. The phrase "necessary and proper " appears once in the Constitution, in Article 1, Section 8, at the conclusion of the 16 enumerated powers. The people have growing criticism over the application of the clause and throughout history have expressed their opposition to it. As Congress has used its implied powers from the Necessary and Proper Clause, the reaction given by the people after said actions were performed from past to present day in America has been that in the beginning when the clause was used people have generally reacted negatively towards the actions Congress has taken using said clause as its rationale for events over time, giving the government a vast amount of control and power. As time went on however the clause has been used for public good and has brought

President. In reference to judicial checks, Martin Kelly makes the observation that courts may rule that a presidential action is unconstitutional “through the power of judicial review.”

The President acting as commander and chief of our navy and army often comes with controversy. In this debate we are focused on President Obama’s use of the President’s war powers being reasonable or excessive. In this argument we hear from Hongju Koh who is a Legal Adviser with the U. S. Department of State advocating that Obama used them reasonably and Louis Fisher a Scholar in Residence and a member of the Constitution Project advocating that they were excessive.

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