War Power Vs Presidential Power

The Constitution of the United States of America was designed as the balance between the Articles of Confederation and the British monarchy. The Founders drafted the document with clear safeguards and limitations in place to prevent the rise of a British like government. A dominant executive branch was feared to become king-like; as a result, presidential powers as the Commander in Chief were designed to be held within the confines of Congress’ consent. As time progressed, rapid expansion of the executive’s power is seen through neglect of the necessity of congressional approval. Nearly 250 years later, the president possesses too much of the “War Power” due to clear disregard of the necessity of congressionally sanctioned wars.

As the Commander

After the conclusion of the Revolutionary War, both Antifederalists and Federalists feared the rise of a monarch, although to different measures. In the drafting of the Constitution, the Founders ensured to put safeguards in place to prevent the expansion of the Executive. In the expression of Congressional powers, Article 1, Section 8, Clause 11 gives Congress the power “to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.” The framers drafted the War Power clause in order to decrease the likelihood of foreign military actions. However, “the last time Congress declared war was December 8, 1941, but U.S. troops have been sent into action many times since that date.” Furthermore, presidents have begun to question the relevancy of the Constitutional distribution of war powers, and they have authorized their own actions without the Congressional approval. In “Federalist Paper 69,” Alexander Hamilton wrote “the President will have only the occasional command of such part of the militia of the nation as by legislative provision may be called into the actual service of the Union.” However in 1992, over 200 years later, the Attorney General and the Office of Legal Counsel “concluded that the President has the power to commit United States troops abroad,” as well as to “take military action,” “for the purpose of protecting important national interests,” even without specific prior authorization from Congress.” This conclusion is in direct contradiction to the original intent of the Founders. The State department in defense of the Vietnam War argued that "Since the Constitution was adopted there have been at least 125 instances in which the President has ordered the armed forces to take action or maintain positions abroad without obtaining prior congressional authorization." The State Department’s claim that the numerous accounts of