The War Power Act Essay

747 words - 3 pages

The War Powers Act
The War Powers Act or sometimes referred to as the War Powers Resolution is passed by congress. A group of Senators led by Jacov K. Javits of New York proposes fundamentally to change the constitutional relationship between President and Congress in the field of foreign affairs (Rostow). This act is an aftermath of the Vietnam War and it addresses a set of procedure for both President and Congress in the situation where the United States forces abroad 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 a Commander in Chief is exercised only as a respond to declaration of war by Congress or in respond to national emergency; an attack upon the United States. The second part requires the President to discuss and consult with Congress before take an action in the U.S. Armed forces into hostilities and continue to discuss as long as the U.S. Armed forces remain in such condition. The third part explains that President should meet the requirement when he wants to introduce U.S Armed forces. The fourth part concerns more in congressional action and procedure. For instance, this part explains the procedure regarding legislation to withdraw the U.S. forces. The fifth part states the rules to be used in interpreting the War Power Act. At last, the sixth part explains separability provision in which if there is any part of the law is invalid, the rest of the law shall not considered invalid too.
Anyone wishing to argue that the War Powers Act is unconstitutional must be prepared to explain the purpose of article I, section 8 of the Constitution (Carter). Article I, section 8 clearly states that Congress has power to declare war and support the armed force. In addition, Article II, Section 2, also supports the War Power Act by saying that the President is a Commander in Chief. The first part of the War Power Act reflects Article I and II of the Constitution. The constitution divides the war power into two; the Executive and Legislative. Here, the President is the Commander in chief of the armed forces and the Congress has power to declare the war....

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