Is it true that the constitution gives the president the power to declare war?

Question

2. Is it true that the president is not required to follow the advice of his Cabinet?

3. The power of the Supreme court to declare acts of congress unconstitutional is known as judicial review. true or false?

thanks!

Answer 1

No
Yes
True

Answer 2

False, even though that many politicians, from both sides believe other wise. The last time Congress declared war was 1941, when we united together as a nation to overcome the axis of evil. Ever since then, Congress has neglected their responsibility for declaring war and giving this power solely over to the President. Instead of being patient and waiting for Congressional approval, our leaders have rushed us off into Vietnam, Korea, and Iraq, which did not unite us a nation and earned us global criticism.

Answer 3

No, Yes, and True

No, only the congress can declare war, the president can only advise it and ask for it. He CAN however, being the Commander and Chief of our military, order them somewhere like Greneda, Somalia or Iraq (Interesting fact: the last "war" we were in was WWII, no president since then, Dem or Rep has asked for a declaration of war)

Yes, the Cabinet is essentially advisors to the president. Secretary of Education can still say that No Child Left Behind is good or bad, but Bush can still push the bill if he wants.

True, that is pretty much all the Superme Court was meant for originally.

Answer 4

1. The president cannot declare war without a vote from the House of Representatives.
2. No, it's not true, but it's probably best he followed the advice of his cabinet.
3. Can't answer that, but I hope the first two were helpful.

Answer 5

The president of the united states is Commander in Chief of the armed forces but does not have the authority to declare war nor to procure funding for the military. Congress has those powers. Congress has been too cowardly to say "no" to any President since Truman, and it doesn't matter what party happens to be "in charge" in Congress at the time.

A president's cabinet does not have authority over the president. They answer to him, not the other way around.

Answer 6

1. Congress declares war.
2. The Cabinet is just a bunch of advisers and the president need not follow their advise.
3. True.

Answer 7

False, Congress declares war.
False, The president makes his own decisions
False, the conservative court will not simply declare a law unconstitutional, it will review a case and then decide. Someone outside the court must file suit.

Answer 8

1. True, as Commander-in-Chief of our forces, under exigent circumstances, the President may deploy troops against another country.

2. True. The cabinet is the President's advisors; he ultimately must make the right (or wrong) decision.

3. I refer you to Marbury v. Madison; judicial review is the ability of the Court to review actions taken by the other two branches, and deeming them valid or Unconstitutional.

Answer 9

1) No, that power is reserved for congress.
2) Yes, the Cabinet Secretaries serve at the Pleasure of the President of the United States. Since he is ultimately responsible for any decisions made, he is free to make them as he sees fit.
3) Yes, that's true.

Answer 10

Yes, but it's a figurehead declaration. Congress has to authorize it.

Of course, he's not required to have a cabinet either

I don't think so, judicial review is reviewing the outcome of a case to determine if the constitution was obeyed and the law was followed and executed correctly.

Answer 11

No. Presidents have the right to use the military when the President thinks it is necessary. And congress has the right to declare war. It is in the constitution.

High school graduates know F.D.R. and Truman decided the outcome of World War 2, not congress.

The constitution gives presidents the right to attack countries without the permission of congress (Article II Section 2). Any attempt by congress to limit a president's constitutional right would violate "separation of powers".

1) Constitution:
Article II, Section 2
"President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States."
Article II, Section 1.
"The executive power shall be vested in a President of the United States of America."

2) SUPREME COURT RULINGS:
a) Johnson v. Eisentrager, 339 U.S. 763, 789 (1950) (President has authority to deploy United States armed forces "abroad or to any particular region")
b) Fleming v. Page, 50 U.S. (9 How.) 603, 615 (1850) ("As commander-in-chief, [the President] is authorized to direct the movements of the naval and military forces placed by law at his command, and to employ them in the manner he may deem most effectual")
c) Loving v. United States, 517 U.S. 748, 776 (1996) (Scalia, J., concurring in part and concurring in judgment) (The "inherent powers" of the Commander in Chief "are clearly extensive.")
d) Maul v. United States, 274 U.S. 501, 515-16 (1927) (Brandeis & Holmes, JJ., concurring) (President "may direct any revenue cutter to cruise in any waters in order to perform any duty of the service")
e) Massachusetts v. Laird, 451 F.2d 26, 32 (1st Cir. 1971) (the President has "power as Commander-in-Chief to station forces abroad"); Authority to Use United States Military Forces in Somalia, 16 Op. O.L.C. 6 (1992).