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Should the President have the power to declare war?

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Thomasina Deering

on 25 February 2014

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Transcript of Should the President have the power to declare war?

How do we fix it?
War Powers Act
Recommendations
Declaring war through Congress may take a long time

Debate over what Commander in Chief means

President not following through with previous Acts, laws, etc.

If Congress did not approve, how would it react?

Does the President already have too much power? (Doesn't think he needs Congress' approval)
$1.25
Tuesday, February 25, 2014
Vol XCIII, No. 311
Problems:
Why the president shouldn't have the power to declare war
Should the President be allowed to declare war?
The Issue
Article 1 Section 8 Powers of Congress
"
The Congress shall have Power To declare War,
To provide for calling for the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States..."
Who Should Declare War?
Article 2 Section 2 Powers of the President
"The 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; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices..."
Inherent Powers
"Powers claimed by a president that are not expressed in the Constitution but are inferred from it." (Lowi 172)
1973
"President must inform Congress of any planned military campaign, and stipulated that forces must be withdrawn within 60 days in the absence of a specific congressional authorization for their continued departure (Lowi 174)."
- It is not an inherent power (back to when the constitution was written)

-It is specified in the Constitution specifically who can declare war, and it is not the president

- Allowing the president to declare war gives him too much power

- The role of Commander in Chief is misunderstood
MAKE AN AMENDMENT
* makes president follow laws, Acts

* provides little space for president to move around it

*creates speedy alternative to "declaring war" in time of national security

*gives Congress power and plan to when in disagreement with president

*defines term Commander in Chief appropriately
Works Cited


Lowi, Theodore J., Benjamin Ginsberg, and Kenneth A. Shepsle. American Government: Power and Purpose. New York: Norton, 2002. Print.

“The president does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation (ABC News).”
- President Obama 2007
Saenz, Arlette. "How Obama Can Bypass Congress on Syria Strike." ABC News. ABC News Network, 29 Aug. 2013. Web. 23 Feb. 2014.
Chicago Tribune
"Vietnam War - Google Search." Vietnam War - Google Search. N.p., n.d. Web. 22 Feb. 2014.
Full transcript