“When the nation was struck by war, the president had not only the authority but also the responsibility to 'resist force with force.'” – United States Supreme Court Decision on the Cases Award, 1862 (67 US 6335). During the last decade of military operations against terrorism, members of the United States government have extensively debated the power of the President and the role of Congress in times of war. A historical review of the war powers in America demonstrates the unchecked power of the executive branch when it comes to making military decisions and using force. Throughout history, the President's power to initiate, conduct, and sustain unsupervised military operations has greatly increased. Through a historical lens, this essay will analyze: the expanding role and use of power of the President; weak congressional legislative policies that empower the executive branch; and the role of the Supreme Court in legitimizing the autonomy of the presidential war process. Beginning with a review of the roles assigned by the Constitution and the intentions of our forefathers, this essay will analyze the history of the war powers that pushed Congress to pass the War Powers Act of 1973. Additionally, this report will evaluate the effectiveness of the War Powers Act and whether it achieved its goal. In conclusion, this report provides recommendations for balancing power within the three branches of the United States government regarding the nation's foreign policy decision-making and use of force. Background: The Need for the War Powers Act of 1973 Initially, the founders of the country were tired of the abusive nature of a strong executive; therefore, a balance of power was established between three branches of government. Regarding war and u...... middle of paper ......arning, 2010), 261. Named McCormick, AFPP. George and Rishikof, The National Security Enterprise, 248. Supreme Court decision 299 US 304 (1936), cited in McCormick, AFPP, 269.Corn, “Triggering Congressional War Powers.” Naval Postgraduate Security Digital Library, “Public Law 253: National Security Act of 1947,” GPO, PL 253, S. 758, online access, https://www.hsdl.org/?view&did=2787.“Resolution of the Gulf of Tonkin,” August 7, 1964, State Department Bulletin, August 24, 1964, 268.McCormick, AFPP, 312. McCormick, AFPP, 313.Corn, “Triggering Congressional War Powers.” McCormick, AFPP, 280. McCormick, AFPP, 289. Department of Justice, “Attorney General's Address to the Northwestern School of Law,” March 5, 2012, online access: http://www.justice.gov/iso/opa/ag /speeches/2012/ag-speech-1203051.html.McCormick, AFPP, 296.
tags