Draft by the administration 2.
Under the United States Constitutionwar powers are divided. Under Article I, Section 8Congress has the power to: Section 8 further provides that the states have the power to: Appoint the Officers of the militia; and train the Militia according to the discipline prescribed by Congress.
Article II, Section 2 provides that: The President has the right Types of powers of the president sign or veto congressional acts, such as a declaration of war, and Congress may override any such presidential veto.
Additionally, when the president's actions or inactions provide "Aid and Comfort" to enemies or levy war against the United States, then Congress has the power to impeach and remove convict the president for treason. For actions short of treason, they can remove the president for "Bribery, or other high Crimes and Misdemeanors", the definition of which the Supreme Court has left up to Congress.
Therefore, the war power was intentionally split between Congress and the Executive to prevent unilateral executive action that is contrary to the wishes of Congress. History[ edit ] Background and passage[ edit ] During the Korean and Vietnam wars, the United States found itself involved for many years in situations of intense conflict without a declaration of war.
Many members of Congress became concerned with the erosion of congressional authority to decide when the United States should become involved in a war or the use of armed forces that might lead to war. It was prompted by news leaking out that President Nixon conducted secret bombings of Cambodia during the Vietnam War without notifying Congress.
By a two-thirds vote in each house, Congress overrode the veto and enacted the joint resolution into law on November 7, Bush in responding to terrorist attacks against the U. Even then, however, the Clinton legal team opined that its actions were consistent with the War Powers Resolution because Congress had approved a bill funding the operation, which they argued constituted implicit authorization.
That theory was controversial because the War Powers Resolution specifically says that such funding does not constitute authorization. Circuit case Campbell v. Clintonbut the court found the issue was a non-justiciable political question.
Libya intervention in [ edit ] Secretary of State Hillary Clinton testified to Congress in March that the administration did not need congressional authorization for its military intervention in Libya or for further decisions about it, despite congressional objections from members of both parties that the administration was violating the War Powers Resolution.
In fact, as of April 28,the US had conducted 75 percent of all aerial refueling sorties, supplied 70 percent of the operation's intelligence, surveillance, and reconnaissance, and contributed 24 percent of the total aircraft used in the operation.
And by adopting it, the White House has shattered the traditional legal process the executive branch has developed to sustain the rule of law over the past 75 years.
The Assad regime used chemical weapons on several occasions during the civil war, including a well-publicized Ghouta chemical attack on 21 August Following the attacks, Obama asked Congress for authorization to use military force in Syria, which Congress rejected.
Instead, Congress passed a bill that specified that the Defense Secretary was authorized " Constitutional scholar and law professor Stephen Vladeck has noted that the strike potentially violated the War Powers Resolution.
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Because the Constitution Article 1 Section 8 limits the President's authority in the use of force without a declaration of war by Congress, there is controversy as to whether the provisions of the resolution are consistent with the Constitution. Presidents have therefore drafted reports to Congress required of the President to state that they are "consistent with" the War Powers Resolution rather than "pursuant to" so as to take into account the presidential position that the resolution is unconstitutional.
One argument for the unconstitutionality of the War Powers Resolution by Philip Bobbitt  argues "The power to make war is not an enumerated power " and the notion that to "declare" war is to "commence" war is a "contemporary textual preconception".
Bobbitt contends that the Framers of the Constitution believed that statutory authorization was the route by which the United States would be committed to war, and that 'declaration' was meant for only total warsas shown by the history of the Quasi-War with France — In general, constitutional powers are not so much separated as "linked and sequenced"; Congress's control over the armed forces is "structured" by appropriation, while the President commands; thus the act of declaring war should not be fetishized.
A second argument concerns a possible breach of the 'separation of powers' doctrine, and whether the resolution changes the balance between the Legislative and Executive functions.
This type of constitutional controversy is similar to one that occurred under President Andrew Johnson with the Tenure of Office Act In that prior instance, the Congress passed a law over the veto of the then-President that required the President to secure Congressional approval for the removal of Cabinet members and other executive branch officers.
Here, the separation of powers issue is whether the War Powers Resolution requirements for Congressional approval and presidential reporting to Congress change the constitutional balance established in Articles I and II, namely that Congress is explicitly granted the sole authority to "declare war", "make Rules for the Government and Regulation of the land and naval Forces" Article 1, Section 8and to control the funding of those same forces, while the Executive has inherent authority as Commander in Chief.
This argument does not address the other reporting requirements imposed on other executive officials and agencies by other statutes, nor does it address the provisions of Article I, Section 8 that explicitly gives Congress the authority to "make Rules for the Government and Regulation of the land and naval Forces".Under this system of checks and balances, there is an interplay of power among the three branches.
Each branch has its own authority, but also must depend on the authority of the other branches for the government to function. Title: President of South Korea Country: South Korea Age: 63 South Korean President Park Geun-hye is the first female leader of her country — an especially impressive accomplishment considering.
The President plays an important role in the financial administration of the country. He is the fiscal head of India. His duty is to ensure its financial stability. He causes the annual budget to be placed before the Parliament.
Without his recommendation no Money Bill can be introduced in the Lok. Let's look at the major types of presidential powers.
First, the president has treaty power.
This power comes from the Constitution's Treaty Clause and is the president's authority to negotiate international treaties with other nations. In contrast to the many powers it gives Congress, the Constitution grants few specific powers to the president. Indeed, most of Article II, which deals with the executive branch, relates to the method of election, term and qualifications for office, and procedures for succession and impeachment rather than what the president can do.
The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows.