Is congress powerless over where and when the President sends troops to attack?

Question

Since the President is the Commander in Chief, what if the President, (whoever he or she is), becomes mentally unstable and issues orders for a military attack while in that condition? Is there no one who can legally stop it in time? If not, doesn't the Constitution need an amendment?

Answer 1

Well the congress can impeach the president, that is about all they can do. The next best thing is cutting off funding for the war, which is what the democrats will do in iraq and afghanistan, just as they did in vietnam and tried to do in korea

Answer 2

This is a question on the minds of many right now as regards the situation in Iran. Constitutionally, only Congress can declare war; but this hasn't happened since 1941.

All the "wars" we have had since then are technically police actions, and were predicated upon Congressional resolutions which gave the President the power to send troops and spend money on the war. The most famous of these resolutions are the Gulf of Tonkin Resolution of 1964, which allowed President Johnson To take all necessary steps, including the use of armed force, to assist any member or protocol state of the Southeast Asia Collective Defense Treaty requesting assistance in defense of its freedom."

The most important resolution for us to consider at this time is the Authorization of Military Force Against Terrorists which was passed in 2001 after the September 11 tragedy. To quote from wikipedia:
authorizing the use of United States Armed Forces against those responsible for the attacks on September 11, 2001. The authorization granted the President the authority to use all "necessary and appropriate force" against those whom he determined "planned, authorized, committed, or aided" the September 11th attacks, or who harbored said persons or groups. The AUMF was signed by President George W. Bush on September 18, 2001. Some suspect that President Bush may use this resolution as justification for using force against Iran, even though none of the 911 hijackers came from that country.

The Iraq War Resolution of 2002 was aimed specifically at that country, and could not be used as justification for using force against Iran.

In an interview on the Stephanie Miller Show last week, Rep. John Conyers of Michigan gave the opinion that Mr. Bush would have to go back to Congress for authorization before he could proceed militarily against Iran. When asked what would happen if he did not seek Congressional approval, Mr. Conyers replied that impeachment proceedings could begin.

The problem with impeachment is that it is a slow process, and, as you said in your opening statement, it might not stop things in time. One other saving grace we have is the 25th Amendment to the Constitution, which allows for the removal of the President because of incapacitation (physical or mental):
Section 4-Involuntary Withdrawal:
It is also possible for the Vice President, together with a majority of the heads of the executive departments (that is to say, members of Cabinet) or of such other body as Congress by law provides, to declare the President disabled...It is possible, however, for such a declaration to be made even if the president is fully able and conscious, should the majority of his officers find grounds other than medical disability, such as insanity, emotional instability, or conflict of interests, affecting national security. In any event, the president would continue to discharge the powers and duties of his office until Congress had reviewed the case and voted to strip the president of his powers, thereby preventing the president's officers from exploiting section four to stage an easy coup...Congress must decide within 21 days the issue; a two-thirds vote in each House is required to permit the Vice President to assume the Acting Presidency. For the remainder of his term, the elected president remains the President (and the acting president remains the Vice President) albeit stripped of his powers and duties, and he may compell Congress to review his competence at any point in order to resume his duties.

Answer 3

It's hard to fight a war with no money. That is the Achilles' Heel for Bush, or any president. The Congress controls ALL appropriations in the federal government, which encompasses the military.

Answer 4

hey that is out of question..If a president is mentally unstable...He can't issue anything..Then the Vice President have to take charge...But if you are saying Bush is mentally unstable...Not he is not and yes he can issue the troops to go to Irak wetever Democrat Mayority Congress like or not yes he can do...He is the Commander and Chief of United State so...

Answer 5

NO

Even if Congress votes to stop Bush. He still has Blackwater and his million man secret black opps Mercenary Army

Go big Red Go

Answer 6

Bush is jealous of Hugo Chavez and his ability to rule by decree. If our newly elected Dem Congress shows any balls or honor, chimp should have his cowboy antics tested.

Answer 7

Congress has the power of the purse, they could defund the military. But they aren't going to do that for political reasons.