Does the president or congress have war powers?
The War Powers Resolution and the Implications for the Security and Security of the United States and the Security of Arms in a Cold War
Congress has the power to declare war even though the president lacks the power to do so. Yes, the president is commander in chief of the military, but he is obligated to seek authorization from Congress before he initiates a war. The War Powers Resolution does not change this. It was in response to the secret bombing campaign in Cambodia that legislation was enacted, meant to prevent a president from launching illegal wars by requiring approval of Congress before introducing US armed forces. The only case in which the president is not required to seek the advance approval of Congress is when the United States has been attacked and he must act quickly to protect the country.
Glennon believes the Constitution “does prohibit the president from using armed force in attacking a country such as Iran unless there is an attack on the United States or the threat of an imminent attack.”
Initially, he and others were optimistic that the War Powers Resolution would correct the imbalance between Congress and the president and prevent another Vietnam. The resolution was largely ignored by the presidents of both parties. Over time, administrations have routinely sidestepped its requirements — informing rather than truly consulting Congress, and continuing military operations without proper authorization.
Ingber is a student at Cardozo Law School. “Even this administration … is at least nodding toward those requirements. Even Secretary of Defense Hegseth said that the administration is acting in accordance with the resolution. “
That modicum of respect for at least part of the resolution underscores that it “is widely considered constitutionally justified under Congress’ ‘necessary and proper’ power,” Griffin says.
If this turns into a war of words with Iran, then Trump should be given an authorization. That would bolster his legal position and satisfy the War Powers Resolution.
Does Congress or the president hold war powers? Here’s what to know: A case study of the Quasi War, between the United States and France
The framers of the U.S. Constitution lived in an age of muskets and messengers, when war moved slowly and left time for Congress and the president to confer. But by giving Congress the power to declare war and the president command of the military, they set the stage for lasting struggle over U.S. forces.
Speaking Monday on NPR’s Morning Edition, Sen. Mike Kelly, D-Ariz., said that while there’s little Democrats can do to force the administration to seek congressional approval, the president should still respect constitutional norms. Kelly said the administration should comply with the constitution. Presidents have done that before. When the actions are seen as protecting the safety of our country, I know recently that presidents can act and then notify us.
Sen. Tim Kaine, D-Va., was more direct in his criticism. Appearing Sunday on CBS’ Face the Nation, he said: “The United States should not be in an offensive war against Iran without a vote of Congress. There is no doubt that the constitution is clear. And I am so disappointed that the president has acted so prematurely.”
Congress is given the power to declare war, grant Letters of Marque and Reprisal, and make Rules related to Captures on Land and Water. The commander in chief of the Army and Navy would be given the authority to direct the military when a war is authorized.
presidents have sent U.S. forces into combat before declaring war. The Quasi War, a small naval conflict between the US and France, can be an example of this. The two countries did not declare war at the end of the 18th century.
Source: Does Congress or the president hold war powers? Here’s what to know
From the atom bomb to the Gulf of Tonkin to the Vietnam War: The Law of the War Powers Resolution and the Case of the U.S.
“The creation of the atom bomb changed the game,” says Griffin. Military deployment was slow in the early republic. After 1945, however, “things were speeded up,” Griffin notes. You’d need an instant response sometimes.
The Gulf of Tonkin Resolution drew the U.S. into Southeast Asian conflict despite not having a formal declaration of war in the Korean War. Lyndon Johnson was authorized to take military action in Southeast Asia thanks to the resolution passed in 1964. President George H.W. Bush got an AUMF for the Persian Gulf War in 1991. During the Kosovo crisis, President Bill Clinton launched a NATO bombing campaign against Yugoslavia.
Michael Glennon has been a professor of constitutional and international law at the school and was a legal counsel on the Senate Foreign Relations Committee in the 70s, where he handled legal issues surrounding the War Powers Resolution.
