The War Powers Resolution of 1973, more commonly known as the War Powers Act, requires that the President of the United States must inform Congress within 48 hours of sending any of the troops into armed action. The Resolution also prohibits any military personnel from being in a state of war for more than sixty days. This also includes an additional thirty days for withdrawing troops from conflict. After this time period has past, the President is urged to seek a further approval from Congress or a formal declaration of war. The War Powers Act was passed to help reassert Congress’s control over declaring war against other countries. The Constitution states that the war powers of the federal government are to be divided between Congress …show more content…
Though I agree with what the act it trying to accomplish because Congress in trying to stay in control of the power to declare war and limit the President’s power to declare war. I honestly feel that power is too much power for one person such as the President to control. I would hope in the future that Congress passes a more effective War Powers Act that the President will have to follow. One of the Presidents that has violated the War Powers Act was President Bill Clinton when he got our military involved in Kosovo. President Clinton didn’t receive Congress’s approval to get involved in the conflict in Kosovo, in fact they voted against it several times. Congress ended up giving him approval after a while, which didn’t really matter since he went ahead and sent troops in already. I don’t think he should have violated the War Powers Act because Congress didn’t want to get involved in Kosovo. President Clinton shouldn’t have the power to overrule Congress’s decision over getting involved in a
The poor drafting of the WPR since the sections of the War Powers Resolution does not mention for example any procedures or what the congress can do when the president choose not to comply with the resolution. In addition the Congress unwillingness to enforced it over the years made it unsuccessful to be fully functional, that is why the United States Presidents had exploited some faults in the War Powers Resolution to undermine it, however the Congress, has the absolute powers to enforce it yet they did not, and so the WPR came through ups and downs due to its disadvantageous text and vagueness and resulted in ongoing tug of war in the Congress itself between the House and the Senate (Teacher. Law, 2013). If we look to the main function behind
War Power Reform When it comes to war-making powers, both the legislative and the executive branches play a major role determining the course of action. Constitutionally the legislative branch has the power to declare war, but the president (executive branch), without Congress’s permission, can “make” war. This is due to the War Powers Resolution, which was enacted by Congress in 1973 to keep the president in check.
In support of the notion that the Supreme Court of Canada erred in upholding the Order-in-Council which permitted the forcible removal of “Japanese Canadian” from Canada, according to the Order in Council the word “deportation” means the “removal, pursuant to the authority of this Order (7355), of any person from any place in Canada”. This is a process of being sent away from a particular country based on legal reasons. But in this case, the Japanese were not foreigners in Canada but rather they were citizens before Canada invoked the War Measure Act. The deportation of the Japanese Canadians in 1945 was as a result of the World War II, which led to the suspicion by the Canadian government that the Japanese race was an ally with the German government. On the 15th of December 1945, Orders were made based on the War Measures act to remove all native Japanese and any other persons that is related to the Japanese race from Canada.
As mentioned in Napoleons’ Button (Couteur and Burreson, 2003), ever since the discovery of penicillin, wound infection declines, saving plenty of lives, especially during the World War 2. The rapid advancement of drugs has indeed come a long way and even revolutionized the world. Drugs such as paracetemol helps to subside one’s fever and provide pain relief. On the other hand, drugs that are widely used illegally such as cocaine would be detrimental to one’s personal health when consumed. In any case, the mere existence of drugs is good in nature.
During the War of 1812 there were two naval battles that were important to the outcome of the war. Both battles took place in freshwater far away from the ocean and the more well known single ship duels between the United States frigates and the British ships, and both had a lasting impact on the war. The first was the Battle of Lake Erie on September 10, 1813 under the command of Oliver Hazard Perry five schooners, three brigs and a sloop captured and defeated two ships, two schooners, a brig and a sloop of the Royal Navy at Put-in-Bay in Lake Erie off the coast of Ohio. The Battle lasted for hours and Perry’s flagship Lawrence was demolished causing him to transfer to the Niagara.
Book Review 2: Soldiers, Statesmen, and Cold War Crises by Richard Betts Summary: Betts starts off his book by recognizing the ambiguity around the advocacy of the use of force in a crisis by military leaders even though there is a prevalent assumption that military professionals are more aggressive than diplomats and politicians. He states he writes the book in order to provide a comprehensive survey of the postwar role of American military men in decisions on their most essential function, their use of force in combat. Betts acknowledges the vast availability of literature on military participation in decisions on defense budgets and weapons procurement, but feels there is a void when looking at decision-making from the perspective of military leadership versus civilian leadership.
Regardless, the Chief Executives have seemed to found that a formal declaration is not required. War Powers Article I, Section 8, Clause 11 of the U.S. Constitution assigns Congress the power to declare war. The President, meanwhile, derives the power to direct the military after a Congressional declaration of war from Article II, Section 2, which names the President Commander-in-Chief of the armed forces. These
Was the Iraq invasion constitutional? The permission for congress to declare war is in Article 1 Section 8 of the constitution (Morone and Kersh 68). The last time that a true declaration of war happened was in 1942 (Franke-Ruta), so congress has declared war since 1941. Although, it was close.
Next, the petitioners’ rights under the Suspension Clause are not maintained by the MCA and therefore the MCA is unconstitutional. The judicial review under the MCA and DTA is an inadequate substitute for the right to habeas corpus afforded to the detainees. Furthermore, the Military Commissions Act defines a “military combatant” in an unjustifiably broad sense. The definition is broader than any generally accepted law of war principle. As an aside, a ruling in favor of the respondents will set a dangerous precedent that allows for the executive and legislative branches to work in tandem, unhindered by the Law.
Looking at this topic for a persuasive essay, I am honestly on both sides of the fence here. Even though some would say “yes, president Obama had the legal authority to pursue Operation Geronimo” or vice versa I have come to the conclusion that I support both sides for several reasons. The only reason for my answer to be “no” is because “Operation Geronimo” isn’t a thing. My other reasons supporting “yes” is because of the September 11th attack and because of the actions of the past presidents of the United States as well as the potential future threats against our country. Operation Geronimo
Was the enactment of the War Measures Act during the October Crisis Justified? When one thinks of a terrorist attack, Canada is not usually the first one to come to mind. Canada is usually regarded as a very peaceful country. But Canada was not always peaceful internally; in fact it had raging internal battles with the French wanting independence.
This event aligns with the creation of The Espionage Act of 1917 and the Sedition Act made in 1918. The purpose of these laws was to forbid "spying and interfering with the draft but also "false statements" that might impede military success", as well as any ' 'statements intended to cast "contempt, scorn or disrepute" on the "form of government" or that advocated interference with the war effort" (Voices of Freedom 119). As a result, American citizens expressing their disapproval in any form regarding the war would be arrested and punished by these
The main purpose of the act was to have the president and congress approach war efforts with “collective judgement,” yet the act itself seems to allow the president to bypass congress just as how presidents Harry Truman, Lyndon Johnson, and Richard Nixon did in the Korean and Vietnam Wars. The act was supposed to correct the errors of such wars, but it really does not address the issue of powers between the executive and legislative branches effectively. In essence the president can declare war in the emergency when the United States is under attack, such as the 9/11 terrorist attacks in New York and the Pentagon however, he is restricted from actually enacting war, meaning he can only say that there will be war, but he cannot start organizing and sending troops to hostile countries without the formal consent of congress. Therefore, the war powers act attempts to decrease the president’s power to enact war, but it violates the constitution and bypasses congressional authorization for war by permitting the president to send troops to hostile countries for 90
Case Citation: In re Yamashita, 327 U.S. 1 (1946) Parties: Petitioner, General Tomoyuki Yamashita Respondent, General Wilhelm Styer Facts: Prior to his surrender to American forces in September of 1945, General Yamashita was the Commanding General for the Japanese Army; he was serving in the Philippines during World War II. Yamashita’s troops were believed to have conducted war crimes while in the Philippines and as their Commanding General the responsibility for the torture, rape, and killings conducted by his men were ultimately his responsibility. On the 3rd of September, Yamashita had to surrender his troops to the U.S. Army. Upon his surrender for war crimes committed by his troops, Yamashita became a prisoner of war.
Others would argue and say no that it is unreasonable and that we need to keep our nose out of other people 's business. Then what if there wrong and we get attacked unexpected and thrusted into war just because we wouldn 't prevent any further conflict.