War Power Resolution: A Failure The United States has a developed government system that composes three separate branches which cooperate with each other; however in some particular areas such as war powers, there are conflicting ideas about which branch must have the most power. The constitution does not make a clear statement about that, and there are many different interpretations about what is implied in the constitution. Throughout the history, the country experienced many wars and sometimes blamed the president for the consequences of the wars. After the Vietnam War, the Congress made a resolution of War Powers which reminds that the Congress has the authority to declare war. War Power Resolution seems to have failed, because the result …show more content…
Many of the people who argue from different perspectives focus on the key words in the constitution to make their arguments stronger. John Yoo contends that declaring war is the mechanism of authorization as it is stated in the constitution. Thus, the president is commander in chief whose purpose is to control the war after the decision is made. He tries to make his argument more clear by showing that Congress is the “sole authority to engage the nation in war” (Yoo).I disagree with Yoo’s argument because being commander in chief of the armed forces is a significant authority; moreover the constitution gives the authority to the president to send soldiers to foreign countries in case there is an urgent situation that may require the armed forces. In addition to that, Turner claims that in the original constitution the term. "to make War" was used which gives essentially all powers related to war beyond the actual command of troops, as had been the case under the Articles of Confederation. But on August 17, 1787, James Madison moved to amend the language to give Congress only the power "to declare war." After Rufus King observed that "make" war might give Congress some role in the conduct of war, which was "an executive function" (Turner). The framers were aware that the executive branch should be used effectively to be victorious in war. Furthermore, …show more content…
I argue that an independent president is a lot more useful in case of war. For instance, there was an ongoing discussion among Hamilton and Madison regarding the president’s authority in war and “History has demonstrated that Hamilton's vision of a strong and independent president in the field of foreign policy has prevailed.”
Out of all the branches the legislative branch has the most power. They have to over view the president 's actions and decisions, if they don 't agree with it they can stop him. They control the taxes money, and relationships between states. They have the power to declare way, and make their own laws. The other branches have limited power and higher supervision, but the legislative branch has enough power to control itself.
The poor drafting of the WPR since the sections of the War Powers Resolution does not mention for example any procedures or what the congress can do when the president choose not to comply with the resolution. In addition the Congress unwillingness to enforced it over the years made it unsuccessful to be fully functional, that is why the United States Presidents had exploited some faults in the War Powers Resolution to undermine it, however the Congress, has the absolute powers to enforce it yet they did not, and so the WPR came through ups and downs due to its disadvantageous text and vagueness and resulted in ongoing tug of war in the Congress itself between the House and the Senate (Teacher. Law, 2013). If we look to the main function behind
In the battles that occurred in South Carolina during the American Revolution, South Carolinians heavily affected the outcome of the battle. For example, during the battle of Kings Mountain, the battle was only fought between the local militia and the British forces; the Continental Army wasn’t even involved in the battle, which ended in a Patriot win. Also, in the battle of Charleston, Fort Moultrie, the fort that appeared to absorb the cannonballs from British battleships, was built by South Carolinians. However, those two battles weren’t the only two battles where South Carolinians had a major role in a battle. In the Battle of Camden, the patriot force was exhausted after marching for miles with few supplies over the night, and fought
They also advise the president on proposals from departments and agencies and help review their proposed regulations. 33. The War Powers Resolution was the law passed that limited the president’s role as Commander in Chief. This law requires the president to consult with Congress prior to using military force and to withdraw forces after 60 days unless Congress declares war or grants an extension. This gives more power to the legislative branch, which is Congress, because Congress could pass a resolution at any time that could not be vetoed, that would end American participation in war zones.
This means that the president can declare war. Pardoning- Presidents can exercise a check on judicial power through their constitutional authority to grant reprieves or
If I was there at the time, I would have given three main arguments. First, under the articles, every action Congress takes has to have the consent, approval, and cooperation of the states. The national government had little power over the states, because the Articles of Confederation left most of the powers for the states and their people. Secondly, if Congress wanted to declare war, nine of the thirteen states would have to agree.
From the failure of the Articles, should the new government, the Constitution, be approved? In 1788, the Constitution was created as the Articles of Confederation wasn’t successful and strong enough for their new government. During that time, a debate went throughout America about the Constitution whether to ratify it or not. Yes, the Constitution should be ratified because a Bill of Rights was promised, no one overpowered (in the government; checks and balances), and it is fair to both citizens and officials. Starting off, a bill of rights was promised which would ensure many things for the citizens.
Of the many roles the president plays for the American government, acting as the commander in chief is very important for the common good. The commander-in-chief 's main tasks are to leave the United States military, make decisions in times of war and to control the Armed Forces. However, to prevent excessive military control, checks and balances only allow Congress to declare war, not the
The first government of the United States was outlined in the Articles of Confederation written in 1871. Under this system, the states operated as sovereign nations. The weak national government, which consisted of nothing more than a unicameral legislature, did not have the authority to tax the states, settle interstate disputes or effectively support a military. Following the Revolutionary War, the inadequacies of the national government became apparent. This led to the drafting of the Constitution in 1787.
The powers of the president aren’t very strict because the other branches watch to see what they are doing. The powers included: making laws, signing treaties, appointing judges, filling up vacancies, appointing Ambassadors, and granting reprieves and pardons. Some presidents used the powers well, while others did not. The one president that used them the greatest was Washington, the greatest, and the first. He wielded the powers to impact the growing United States most effectively by signing treaties to enemies, passing acts,and trying out the National Bank.
Have you ever wondered how the founding father kept such a balanced government, blocking any tyranny trying to creep in? 55 delegates met in Philadelphia on September 17,1787 to create a brand new form of government that stopped tyranny, or “the accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective” (James Madison Federalist Paper #47,1788). So how did the Constitution prevent tyranny from taking place in government? The Constitution guarded against tyranny in four ways: federalism, separation of powers, checks and balances, and balancing powers between large and small states. Federalism was the first guard of tyranny, which
Articles of Confederation vs. U.S. Constitution The Articles of the Confederation and the U.S. Constitution are two articles that where written and accepted by the United States as a foundation for their new government. They are both very important documents that have similarities and differences. Some of the main things the Articles of Confederation and the U.S. Constitution have in common is that they addressed the needs of its constituencies.
The constitution attempts to evenly distribute powers between the executive and legislative branches of the federal government by providing the president or the commander-in-chief the power to control and supervise the military upon approval by congress, who have the power to declare war and to support the armed forces. The subject of debate regarding the act is whether the president has the authority to send military troops to war without congressional approval. The way the war powers act was written makes it difficult to decipher approximately how much power is the president privileged in the war-making process. According to the constitution congress have the powers to authorize war by formally granting letters that verify and confirm the
An argument that is made is the notion of Congress not having enough time to deliberate and declare war. What if the country is suddenly attacked? Is it fair for the country to sit on their hands and wait for them to make up their minds when action needs to be taken immediately. The argument of a state of emergency is the loophole that the presidents over time have used to their advantage. Schlesinger says of the Cold War-era presidency, “The imperial presidency was essentially the creation of foreign policy.
“Hamilton’s background would always set him apart and give him an outlook on life and politics the other Founding Fathers did not share”(Gordon,50). Hamilton helped shape Washington’s foreign policy. Hamilton advised Washington on the Neutrality Proclamation, which declared that America would not become entangled in affairs but be friendly with both