The United States Constitution grants Congress the ability “To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water (Article I, 2009)” in Article 1, Section 8, Clause 11. However, it also states in Article II, Section 2, “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of several States, when called into the actual Service of the United States. (Article II, 2009)” These two sentences in the Constitution are the center of a debate between the presidential and Congress powers. The question is if the president should have unilateral war power or if he should have to go through Congress. The belief that the president should have unilateral
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With Article II, Section 2, it is believed that when Congress wrote this, that this power should be given to the president after a war is declared. As the commander-in-chief, he can direct war but to do this war must have been previously enacted. However, the president is authorized to only repel sudden attacks without Congress but only in when needed to defend the country of immediate danger. When discussing Article 1, Section 8, Clause 11, it clearly states that “Congress possesses the power “to regulate Commerce with foreign Nations,” “to raise and support Armies,” to “grant Letters of Marque and Reprisal,” to “provide for the common Defense,” and even “to declare War” (Woods, 2017). This fact leaves the president with the ability of commander-in-chief and to receive ambassadors when related to foreign affair per this interpretation of the debate (Woods, 2017). The Declaration of War Clause has a broad definition due to statements from prominent figures in the Founding era. This clause was meant not only for formal declarations but to provide the power to decide any engagement of hostilities, declared or undeclared. The argument that the Declaration of War Clause is to be interpreted toward the President not having the ability to initiate hostilities without Congressional consent (III, Spalding, Forte, & Spalding, 2012). Throughout history Congress has successfully declared war on 11 occasions, the first being Great Britain in 1812. The most recent declaration of was during World War II, however, since then Congress has helped regulate and agree to military force being used to promote resolutions. Not only that but this has helped and still helps shape the United Stated of America’s military policies through oversite and appropriations. Some
With Article II, Section 2, it is believed that when Congress wrote this, that this power should be given to the president after a war is declared. As the commander-in-chief, he can direct war but to do this war must have been previously enacted. However, the president is authorized to only repel sudden attacks without Congress but only in when needed to defend the country of immediate danger. When discussing Article 1, Section 8, Clause 11, it clearly states that “Congress possesses the power “to regulate Commerce with foreign Nations,” “to raise and support Armies,” to “grant Letters of Marque and Reprisal,” to “provide for the common Defense,” and even “to declare War” (Woods, 2017). This fact leaves the president with the ability of commander-in-chief and to receive ambassadors when related to foreign affair per this interpretation of the debate (Woods, 2017). The Declaration of War Clause has a broad definition due to statements from prominent figures in the Founding era. This clause was meant not only for formal declarations but to provide the power to decide any engagement of hostilities, declared or undeclared. The argument that the Declaration of War Clause is to be interpreted toward the President not having the ability to initiate hostilities without Congressional consent (III, Spalding, Forte, & Spalding, 2012). Throughout history Congress has successfully declared war on 11 occasions, the first being Great Britain in 1812. The most recent declaration of was during World War II, however, since then Congress has helped regulate and agree to military force being used to promote resolutions. Not only that but this has helped and still helps shape the United Stated of America’s military policies through oversite and appropriations. Some