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One counterargument is that the Constitution is a "living document" that has survived for over 200 years because not everything is "spelled out." In the area of the War Powers Clause, the flexibility provided by the requirement for a congressional statute for a declaration of war and constitutional interpretation could be sufficient.
Under the United States Constitution, war powers are divided. Under Article I, Section 8, Congress has the power to: declare war; grant Letters of Marque and Reprisal (i.e., license private citizens to capture enemy vessels) raise and support Armies (for terms up to two years at a time) provide and maintain a Navy
After Congress repealed the Gulf of Tonkin Resolution in January 1971 and President Richard Nixon continued to wage war in Vietnam, Congress passed the War Powers Resolution (Pub. L. 93–148) over the veto of Nixon in an attempt to rein in some of the president's claimed powers. The War Powers Resolution proscribes the only power of the ...
Now back to the Constitution. The War Powers Resolution, which requires presidential notification to Congress of the use of American military force, is unconstitutional because it consists of ...
Article I, Section 1 of the U.S. Constitution explains the powers delegated to the federal House of Representatives and Senate.
Although the Constitution gives Congress an important role in national defense, including the exclusive power to declare war, to raise and maintain the armed forces, and to make rules for the military, [14] some critics charge that the executive branch has usurped Congress's Constitutionally-defined task of declaring war. [15]
Confronting a major constitutional issue of murky legislation that left the wars in Korea and Vietnam without official declarations of war, Congress quickly authorized sweeping war-making powers for Bush. [25] The leadership of George W. Bush during the War in Afghanistan and Iraq War achieved mixed results.
The enumerated powers (also called expressed powers, explicit powers or delegated powers) of the United States Congress are the powers granted to the federal government of the United States by the United States Constitution. Most of these powers are listed in Article I, Section 8.