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Article I, Section 8, Clause 11 of the U.S. Constitution, sometimes referred to as the War Powers Clause, vests in the Congress the power to declare war, in the following wording: [The Congress shall have Power ...] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water ...
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.
After Congress repealed the Gulf of Tonkin Resolution in January 1971 and President Richard Nixon continued to wage war in Vietnam, Congress passed the War Powers Resolution (Pub.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 ...
War Powers: The Politics of Constitutional Authority is a 2013 book by Mariah Zeisberg that studies war powers in the United States. The book explores the constitutional distribution of war-making authority between the President and Congress, arguing while the Constitution does not provide a clear legal resolution to this debate, it does advance implicit standards for assessing the branches ...
Here, the separation of powers issue is whether the War Powers Resolution requirements for Congressional approval and presidential reporting to Congress change the constitutional balance established in Articles I and II, namely that Congress is explicitly granted the sole authority to "declare war", "make Rules for the Government and Regulation ...
Weighing against Trump is the Constitution's separation of powers between the U.S. government's executive and legislative branches, as well as federal law and the Supreme Court's own prior ...
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]
The amendment states that the federal government has only those powers specifically granted by the Constitution. These powers include the power to declare war, to collect taxes, to regulate interstate business activities and others that are listed in the articles or in subsequent constitutional amendments.