U.S. Constitution Question on Separation of Powers in War?

Question

The U.S. Congress is considering limitations on military funding to shape the course of war in the Middle East.

The President considers this improper since it blocks his ability as the Commander in Chief.

Is this new in American history? Are there other examples -- including non-military -- where Congress has limited the Executive's Office to execute work as they see it?

Are there any Supreme Court Decisions concerning this problem?

Answer 1

The basic facts most other answers noted regarding veto and override.

There have been four cases in the court regarding separation of powers, specifically encroachment of congress on executive powers

INS v Chadha (1983)
Bowsher v Synar (1986)
Morrison v Olson (1988)
Mistretta v U. S. (1989)

none of which dealt with war. It is clear that congress believes it has authorities that in fact are granted to the executive, highly doubtful this one will ever make it to the court. Once bush is out of office it will be a dead subject unless of course the new republican president presses on the matter.

That would be kind of fun to see how that played out

Answer 2

The problem with this war is that normally all wars are declared by congress. This time the war was not declared by congress, which according to the constitution, is the only legal entity who can declare war. So the war is illegal according to the constitution. Because it is going on for so long, the congress is now wanting to have some accountability from our President in regards to the direction of the illegal war so that we can bring it to an end without looking like jerks for destroying so much of the Iraq areas we occupied. I don't think there are any previous cases of this in history, although some comparisons are being made between the Presidencies of W. Bush and Johnson.

Answer 3

Polk wanted to annex Mexico after the 1845 war. That did not happen. Congress also stripped Nixon of cart blanc authority during the Vietnam War. Were we at war with Iraq? Was it actually declared ? If so when?

Answer 4

The decision of the President can be overturned by Congress if it has 2/3 vote of all the members under the constitution. This principle is coherent with the principle of separation of powers which is allowed under democracy.

Answer 5

Somebody posted that this war was not declared by congress. Not true, and even Senator John Kerry voted for it. War was properly declared by congress.

COngress could "undeclare war" too if they really wanted to, but they have not done that. Instead, they are placing the blame on the PResident instead of realizing that they made the mistake too.

Answer 6

yes it was a little thing called vietnam...congress cut off funding for that one and look what happened there...the president is the COMMANDER-IN-CHIEF of the united states armed forces because in wartime it is best to have ONE person making informed and rational decisions, not 535 differing, bickering, idiotic individuals trying to micro-manage a war! IT DOES NOT WORK!!!!!...and that, is why our brilliant founding fathers gave only the president that power.