Article 1 of the US Constitution specifically says that only Congress has the power to declare war.?

Question

Your thoughts as to whether the Executive brance has been allowed to assume more authority than allowed by the Constitution.

Answer 1

Hi David,

This is a great question. You're absolutely right. The Constitution gives Congress the right to declare war. But as is so often the case, the Constitution also balances out every major power with a corresponding check from another branch. The President is given the job of Commander in Chief, and this gives him wide latitude in the determination of troop deployments.

To give a specific answer to your question is therefore very difficult for two reasons:

1. For a variety of reasons, we don't actually declare war any more (and this substantially muddies the legal waters).

2. Since Congress has the power, they may delegate it (or even abrogate it, as was the case with the Tonkin Gulf Resolution).

The strange and never fully to be resolved issue of war powers is currently controlled by the one great governing act -- the War Powers Act of 1973. This act requires the President to inform Congress within 48 hours if he's going to send troops into harms way, and to withdraw them after 60 days unless Congress approves an extension.

The problem with this law is that it was passed over President Nixon's veto, and every subsequent President has denounced it as unconstitutional. There is a wierd stalemate in Washington. Neither Congress nor the Presidents have ever brought this before the Supreme Court for adjudication because each side is afraid the other side might win -- and the ramifications would tip the balance of power on military issues far to one side or the other.

The result is that neither side really knows the score. The first test of this law was the Mayaguez Incident in 1975. President Ford ignored the law, and when Speaker of the House, Carl Albert was asked if there would be impeachment proceedings, he simply replied, "no."

When presidents have chosen to get Congressional approval beforehand they've always done it to secure political cover rather than from a conviction that they were legally required to do so.

I wish I could give you a more definitive answer than this; but unfortunately this is the best that can be done. Hope it's enough. Cheers, mate.

Answer 2

Thats authentic yet a President does what he needs. He can deliver Troops everywhere contained in the international for ninety yet has to get Congress's a approval to maintain them there longer. Congress seems any incorrect way and leaves our Troops to rot for 10 years alongside with the two Wars now thats costing 30 Billion a MONTH. Will Obama guard the human beings right here as he keeps asserting approximately different worldwide places as quickly as we become bored of this and rebel desiring a choose for as much as date shape that works for all the human beings and not bent by using the 9 Appointed for all times on the very suitable court docket.

Answer 3

The Gulf of Tonkin Resolution allows for the President certain powers. Technically, we haven't been in a "war" since WWII. the creation of the UN has allowed the US to send troops in places under the UN auspices. The President of the United States is commander-in-chief of the American armed forces and has the right to place troops where the president sees fit.

Answer 4

No. Or else the SC would have rules against the War Powers Act.