The Power Of The War

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

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

It requires the President in every possible instance to consult with Congress before introducing American armed forces into hostilities or imminent hostilities unless there has been a declaration of war or other specific congressional authorization (The War Powers Act of 1973). Claremont Education It also requires the President to report to Congress any introduction of forces into hostilities or imminent hostilities, Section 4(a)(1); into foreign territory while equipped for combat, Section 4(a)(2); or in numbers which substantially enlarge U.S. forces equipped for combat already in a foreign nation, Section 4(a)(3) (War Powers Resolution: Presidential Compliance).

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).

Since the creation of the United States of America, the power of the President has increased dramatically. Specifically, regarding foreign affairs, the power of the President has greatly increased. According to foreign policy specialist Michael Cairo, the Constitution originally gave Congress the majority of war powers. While the formal powers of Congress include the power to declare war, raise and support an army, and regulate commerce, the President was only meant to mainly be Commander in Chief and negotiate treaties in regard to foreign affairs. The President’s role of leading the armed forces may seem like it would give him the authority on all issues regarding foreign affairs, but this power was granted to the President so that he could react quickly if a national emergency occurs. Although Congress was originally given the majority of war powers, Presidents have begun to utilize unilateral authority in the realm of foreign policy. In the Korean War, the Vietnam War, and more recently in Iraq and Afghanistan, the President deployed troops without a declaration of war from Congress.

This important little detail which the Framers put into the Constitution was to keep the President from becoming as powerful as the then-current monarch in England. One of the main explicit power given to Congress, granted by the Constitution is the Senate has the ability to advise and consent to the ratification of a treaty with a foreign country. This particular explicit power is important for it means the president cannot just, when discussing a treaty with a foreign nation, make a treaty and have it go into effect. This explicit power was given to the Senate to ensure that one, the treaty is aligned with the Constitution, and two, the United States makes treaties with the right countries or in essence, the United States would benefit in some sort of way through the treaty. To further this power, there is the inherent power of being able to give or even refuse diplomatic recognition to other countries, that goes along with it. Combining the explicit and inherent powers, it can make the Congress a force to be reckoned with. However, being able to ratify treaties is not the most important explicit power given to Congress, for the Framers also bestowed the “Necessary and Proper Clause” to Congress. This clause has developed over time to where, when in a time of crisis, the powers of the national government are greatly expanded and all to just ensure that the government will continue on. Very similar to Congress, the Framers also, in fact, gave explicit powers to the president, although, they are far and few

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 Act works within the constitutional authority of Congress. The executive branch cannot become a power that can declare war by itself, it needs Congress to do it. Many people opposed the Vietman War as well as many wars but the President at the time agreed that the invasion needed to occur. Protests came up in the United States from people that thought the war was not a positive thing. War is not always one-sided, congress needs to take part in having a say, and it is totally entitled to do so as the constitution permits it. The executive branch of government can’t solely declare war, it is not how it works. There is a certain process as it says it the constitution and it cannot be changed unless it is amended. War is a difficult

In many cases of the President declaring war on another country his actions (those being of the president) were not approved by congress. Congress themselves has not declared a war since December of 1941. The United States however has been involved in 23 separate wars since 1945. These 23 wars were able to happen because while the law is the law, in many instances Congress has conceded and decided to agree with the actions of the President. Many reasons the President will declare war is because they believe that the actions they are taking are going to profit the country the most. In many instances it's also because he (being the President) has executive power over a nation and again believes that he is doing what is best for the nation. In

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

“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.

As the commander in chief, the president plays a significant role in shaping foreign policy. The president possesses the power to appoint senior cabinet members, commit troops and conduct high level talks with foreign governments. Congress, on the other hand, has the power to ratify treaties, confirm the president’s appointees and approve budgetary measures. And while the president has the ability to commit troops, only Congress has the authority to declare war. Despite criticisms of the American policy making process describing it as inefficient and slow moving, the main purpose and thus benefit of the constitutional separation of power is the framework of checks and balances that safeguard against monopolization of foreign policy decision making.