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Essay / The War Powers Act or War Powers Resolution
The War Powers ActThe War Powers Act or sometimes called the War Powers Resolution is passed by Congress. A group of senators led by Jacov K. Javits of New York proposes to fundamentally change the constitutional relationship between the President and Congress in the area of foreign affairs (Rostow). This law follows the Vietnam War and establishes a set of procedures to be followed by both the president and Congress in the event that U.S. forces overseas could lead the United States into armed conflict. This act can be broken down into several parts. The first part asserts the policy behind the law, and the president's power as commander in chief is exercised only in response to a declaration of war by Congress or in response to a national emergency; an attack on the United States. The second part requires the President to discuss and consult with Congress before taking action against U.S. armed forces in hostilities and to continue to discuss for as long as the U.S. armed forces remain in that state. The third part explains that the president must meet these requirements when he wishes to introduce the American armed forces. The fourth part is more about congressional action and procedure. For example, this part explains the procedure regarding legislation to withdraw U.S. forces. Part Five sets out the rules to be used in interpreting the War Power Act. Finally, the sixth part explains the severability provision in which if one part of the law is invalid, the rest of the law will not be considered invalid either. Anyone wishing to argue that the War Powers Act is unconstitutional must be prepared to explain it for the purposes of Article I, Section 8 of the Constitution (Carter). Article I, Section 8, makes it clear that the Con...... middle of document ......nt and Congress shared power as executive and legislative. As executive, the president can order military action to be taken. Meanwhile, as the legislative branch, Congress has the power to declare war. There is some controversy regarding parts of the War Power Act. However, the War Power Act does not violate the Constitution. Works Cited Rostow, Eugene V., “Great Cases Make Bad Law: The War Powers Act” (1972). University Scholarship Series. Document 2143. Carter, Stephen L., “The Constitutionality of the War Powers Resolution” (1984). University Scholarship Series. Document 2225. Reisman, W. Michael, “War Powers: The Operational Code of Competence” (1989). University Scholarship Series. Article 742. Mataconis, D. (March 21, 2011). Retrieved 2013 from Outside The Beltway: http://www.outsidethebeltway.com/congress-the-president-and-war-powers-under-the-constitution/