Essay about War Powers

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"I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God." (Title 10, US Code; Act of 5 May 1960 replacing the wording first adopted in 1789, with amendment effective 5 October 1962). During the oath ceremony, members of the Armed forces as well as Department of Defense civilians pledge to uphold the Constitution, the President, and those officers who serve above them. Article I Section II …show more content…
This, has led to numerous exercises by the President to stretch this power to its full extent, not only during invasion but also in regards to special powers during war. After the Prize cases of 1863, the Executive exercised it’s power to act war-like in situations that looked like war in various regions throughout the globe. However, Congress soon became concerned with the abuse of this power, particularly those executed by former Presidents Lyndon Johnson and Richard Nixon (288). This concern emerged during the Vietnam and Korean wars when the United States was in great conflict with the nations without a formal Declaration of War by Congress. In an effort to limit the President’s power, Congress passed the War Powers Resolution which created guidelines for the executive during times of conflict. The Resolution requires the President to notify Congress of his intentions to commit forces. However, the President must withdraw forces within 60 days unless Congress declares war, gives special authorization, extends the 60 day period, or is unable to physically meet as a result of an armed attack against the United States (288). The President is afforded the power to extend the 60 day period if he determines that doing so is necessary for the safety and protection of withdrawing troops (288). While the Resolution places restrictions on the President, it also

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