The War Powers Act of 1973 Essay

Another important power the Chief in Legislature has is the ability to assemble a meeting with the House of Representatives, the Senate, or both. The framers specified this role of the president in in Article II, Section 3. Not only is the president given the authority to call a meeting with congress, he or she is expected to do so (Kesavan & Sidak, 9). In these meetings the president can discuss the state of America, the status

During the past decade of military operations combating terrorism, members of the U.S. government have thoroughly debated the power of the President and the role of Congress during a time of war. A historical review of war powers in America demonstrates the unchecked power of the executive when it comes to military decision-making and the use of force. Throughout history the power of the President to initiate, conduct, and sustain military operations without oversight has greatly increased. Through a historical lens, this essay will

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

Congressional authorization is the ability to empower and allocate funds, which supports Congress with an effective tool for omission and authority of intelligence activities. Congress is expected to have more power than the President and the Supreme Court. Its powers are also known to be Constitutional as well as evolutionary (ushistory). After the Senate as well as the House of Representatives approves a bill or proposed law, it then becomes an actual law. These two houses also share other powers, that involve coin money, the power to declare war, establishing rules of naturalization as well as immigration, raise an army and a navy, regulate commerce, and set up the federal courts along with their jurisdictions (ushistory). Although Presidents can have authority to act without Congressional authorization when necessary for the nations security, it would be better if they did seek Congressional authorization before acting or making any important decision regarding the nations security, in order to preserve Constitutional checks and balances, as well as make the right decisions and protect the President politically.

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).

The act stated that in time of war, the President of the United States has the right to take action against any person who was a citizen of the country the United States was at war with. The President was given the power to act against the citizens of that country who were at war with the United States, as long as the person was a male, not a citizen of the United States, and at least fourteen years old.

For each of the presidential powers below, explain one way that congressional decision-making is affected by that power.

However, some ways the president’s power gets limited includes needing the approval of the Senate for treaties and appointing government officials, not being able to officially declare war, and not being able to make any laws as their own opinion unless they make an executive order. The Constitution gave these powers to the president so the executive branch limits what the Congress can do. For example, if the president does not gain the veto law power, the Congress would force the president to sign all laws passed by the Congress. As a result, the Congress would be similar to the British monarch when they tightened control over the 13 colonies, making laws that only benefits themselves. Article 2 section 2 lists the powers of the president, and how the president gets limited on

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 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

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 constitution requires that the President inform Congress of the State of the Union, this takes the form of an annual State of the Union Address. This may not seem like much of a power, but the

“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.