The Power to Declare War Essay

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

S. troops to Southeast Asia without Congressional approval, Congress responded by passing the War Powers Resolution in 1973. The War Powers Resolution requires that the President communicate to Congress about the committal of troops within 48 hours. Further, the statute requires the President to remove all troops after 60 days if Congress has not granted an extension.

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

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 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).

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.

Within sixty calendar days….” The War Powers Act is to limit the president and that he must run all military actions by congress for approval. This makes it so our president cannot just make all the decisions he wants. Within 60 calendar days he must either declare war or enact permission. Congress must approve anything before actions are to take place.

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.

It was further divided after the War Power Resolution Act of 1973. The war power resolution created a new balance between the President and Congress when it came to sending troops overseas. It was joint resolution to the response to the secret bombings in Cambodia by the Nixon Administration. Congress basically wanted more say so in how the military forces were going to be used. President Nixon vetoed the resolution as he knew it would restrict his and future President’s abilities to execute their power as stated in the Constitution.

The congress has the power to declare war and the others that are part of the constitution don’t

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 U.S. Constitution gives both, legislative and executive branches a role in foreign policy powers. However, it contains some ambiguities regarding these duties of Congress and the President. Yet, as exclusive powers are given merely to Congress, this reveals the weight it holds. Only Congress can declare war, regulate commerce with foreign nations, raise and support an army, and provide and maintain a navy. Along with that, the presidential power to make treaties is dependent on the Senate’s

“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.

“War may sometimes be a necessary evil. But no matter how necessary, it is always an evil, never a good. We will not learn how to live together in peace by killing each other’s children. This famous quote is from James Earl “Jimmy” Carter, Jr., who served as the 39th President of the United States. It implies that war can be justified under strict circumstances where it can be necessary, but it is still abhorrent. War is defined as a state of armed conflict between different countries or different groups within a country. Justification refers to the action of showing something to be right or reasonable. War brings many negative and catastrophic impacts not just to the country, but to the people living in the country as well, which this paper