ok guys here is what i have so far, tell me what you think. Any criticism and comments are welcome/
The Constitution clearly states that only the Congress has the power to declare War. The last time the congress had declared war was on the 11th of December against Germany and Italy in World War II. The military conflicts in recent years did not have a Declaration of War by the Congress. In the recent conflicts, congress gave president the power to go into war without a formal declaration. The war on Iraq arise concerns, as well as legal challenge. We?re living in a different world than two hundred years ago where we face different threats nowadays and that also contributes to the change in war power as well as the increase in presidential power.
Article 1, Section 8 of the Constitution gave Congress the power ?To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water?. However, Since the Korean Conflict, the congress has not declared war on any country. Harry Truman simply bypassed the declaration of War, stating that he was the commander in chief of the armed forces, giving him power to deploy troops. Article 2, Section 2 of the constitution states that ?The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states??. Even after the Korean War, congress simply gave authorisations for presidents to take actions in other conflicts.
The War Powers Resolution passed in 1973, overriding a veto by President Nixon. The Resolution imposed various restrictions to the president. The president must submit a report within forty-eight hours of troop deployment to the congress, explaining the necessity for such actions and the duration of the deployment as well as reporting status on our Armed Forces. The president must also terminate the use of force sixty days if the congress does not authorise or declare war. As President Gerald Ford said, ?The War Powers bill seeks by simple legislation to codify the military powers of the President, spelling out exactly what he can and cannot do, and how, and under what circumstances, to defend the United States and its citizens from international danger.? The resolution gives the president freedom to make choices that are crucial to American interests but still retains the founding fathers? intent of resting the power to declare war to the congress. Last October, the Congress passed resolution 114, authorising the use of US Armed Forces against Iraq. Some house democrats along with three anonymous soldiers and fifteen soldier families challenged the resolution, challenging the president?s right to wage war without a formal declaration of war by congress. The lawsuit was thrown out by the first circuit court in Boston. The issue was already addressed by the War Powers Resolution.
Is the War Powers Resolution constitutional? No one has challenged it but the Constitution is what the Supreme Court says it is. The fact that congress gives out blank cheques to presidents to wage war, as shown in the war on Iraq, is an irresponsible move by Congress. In this conflict against Iraq, congress passed a resolution giving President Bush power to wage war months before the actual war started. The responsibility of Congress to declare war is nullified. The very nature of War Powers Resolution is to give president the ability to make critical decisions without delay. A war on Iraq is hardly a ?critical decision? given that the time elapsed between the resolution passed and the actual conflict gave the Congress plenty of time to decide and declare war on Iraq.
