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Encyclopedia > War Powers Clause

Sometimes referred to as the War Powers Clause, the United States Constitution, Article One, Section 8, Clause 1, vests in the Congress the exclusive power to declare war. The United States Constitution is the supreme law of the United States of America. ... Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution states the establishment of the legislative branch of the United States government, known as the Congress, which includes the House of Representatives and the Senate. ... Seal of the U.S. Congress. ... The United States detonated an atomic bomb over Nagasaki on August 9, 1945. ...


Five wars have been declared in American history: the War of 1812, the Mexican-American War, the Spanish-American War, World War I and World War II. Some historians argue that the legal doctrines and legislation passed during the operations against Pancho Villa constitute a sixth declaration of war. A declaration of war is a formal declaration issued by a national government indicating that a state of war exists between that nation, and one or more others. ... Combatants United States Native Americans Great Britain Canadian colonial forces Native Americans First Nations Peoples Commanders James Madison Winfield Scott Andrew Jackson Isaac Brock† George Prevost Tecumseh† Strength •U.S. Regular Army: 35,800 •Rangers: 3,049 •Militia: 458,463* •US Navy & US Marines: (at start of war): •Frigates:6... Combatants United States Mexico Commanders Zachary Taylor Winfield Scott Stephen W. Kearney Antonio López de Santa Anna Mariano Arista Pedro de Ampudia Strength 7,000 - 43,000 18,000 - 40,000 Casualties KIA: 1,733 Total dead: 13,283 Wounded: 4,152 25,000 killed or wounded (Mexican government... Combatants United States Republic of Cuba First Philippine Republic Spain Commanders Nelson A. Miles William R. Shafter George Dewey Máximo Gómez Emilio Aguinaldo Patricio Montojo Pascual Cervera Casualties 379 U.S. dead; considerably higher although undetermined Cuban and Filipino casualties Unknown[1] The Spanish-American War took place... Combatants Allied Powers: France Italy Russia Serbia United Kingdom United States Central Powers: Austria-Hungary Bulgaria Germany Ottoman Empire Commanders Ferdinand Foch Georges Clemenceau Victor Emmanuel III Luigi Cadorna Nicholas II Aleksei Brusilov Herbert Henry Asquith Douglas Haig John Jellicoe Woodrow Wilson John Pershing Wilhelm II Paul von Hindenburg Reinhard... Combatants Major Allied powers: United Kingdom Soviet Union United States Republic of China and others Major Axis powers: Nazi Germany Italy Japan and others Commanders Winston Churchill Joseph Stalin Franklin Roosevelt Harry Truman Chiang Kai-Shek Adolf Hitler Benito Mussolini Hideki Tojo Casualties Military dead: 17,000,000 Civilian dead... A graphical timeline is available here: Timeline of the Mexican Revolution Doroteo Arango Arámbula (June 5, 1878 – July 23, 1923) — better known as Francisco Villa or, in its diminutive form, Pancho Villa — was one of the foremost leaders and best known generals of the Mexican Revolution, between 1911 and...


However, beginning with the Korean War, American presidents have not sought formal declarations of war, instead maintaining that they have the constitutional authority, as commander in chief (Article Two, Section Two) to use the military for "police actions". Combatants United Nations: Republic of Korea United States United Kingdom Canada Australia The Netherlands France Philippines Communist states: Democratic People’s Republic of Korea People’s Republic of China Soviet Union Commanders Syngman Rhee Chung Il Kwon Douglas MacArthur Mark W. Clark Matthew Ridgway Kim Il-sung Choi Yong-kun... Wikisource has original text related to this article: Article Two of the United States Constitution Article Two of the United States Constitution creates the executive branch of the government, comprising the President and other executive officers. ... It has been suggested that Authorized use of force be merged into this article or section. ...


In 1973, Congress passed the War Powers Resolution, which requires the president to obtain either a declaration of war or a resolution authorizing the use of force from Congress within 60 days of initiating hostilities. Its constitutionality has never been tested as Congress has always passed the required authorization when requested by the president. 1973 (MCMLXXIII) was a common year starting on Monday. ... The War Powers Resolution (Public Law 93-148) limits the power of the President of the United States to wage war without the approval of Congress. ...


Some legal scholars maintain that all military action taken without a Congressional declaration of war (regardless of the War Powers Resolution) is unconstitutional; however, the Supreme Court has never ruled directly on the matter. The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States...


There is also much debate about the meaning of the word "declare." Some scholars suggest that to declare war does not necessarily mean to commence war. During the Philadelphia Convention, there was some discussion about the difference between the power to "make war" and the power to "declare war," and which of the two should be written into the Constitution. A declaration of war lets the citizens of a nation know that they are now at war with some other nation or entity. It also puts the belligerent nations and their citizens on notice. More importantly, this establishes that international law governs the conduct of the war. This protects citizens in all the warring nations involved insofar as if they are captured by the enemy, they will be treated as prisoners-of-war instead of mere criminals. Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... President Franklin D. Roosevelt signs a declaration of war against the Empire of Japan on December 8, 1941, one day after the attack on Pearl Harbor. ... International law (also called public international law to distinguish from private international law, i. ... Geneva Convention definition A prisoner of war (POW) is a soldier, sailor, airman, or marine who is imprisoned by an enemy power during or immediately after an armed conflict. ...


Supreme Court cases

Holding The President did not have the inherent authority to seize private property in the absence of either specifically enumerated authority under Article Two of the Constitution or statutory authority conferred on him by Congress. ... Holding Military commission to try Plaintiff is illegal and lacking the protections required under the Geneva Conventions and United States Uniform Code of Military Justice. ...

References

  • Fisher, Louis (2004) Presidential War Power, 2d Rev. Edition. University Press of Kansas
  • Hendrickson, Ryan C. The Clinton Wars: Congress, the Constitution and War Powers. Vanderbilt University Press, 2002
  • Lawson, Gary, "Delegation and Original Meaning" (October 2, 2001). Virginia Law Review, Vol. 88, April 2002
  • Madison, James. Federalist No. 45, The Federalist Papers
  • Yoo, John C., "War and the Constitutional Text" . University of Chicago Law Review, Vol. 69, No. 4, Fall 2002
  United States Constitution Complete text at WikiSource

Original text: Preamble | Article 1 | Article 2 | Article 3 | Article 4 | Article 5 | Article 6 | Article 7 The United States Constitution is the supreme law of the United States of America. ... The Preamble to the United States Constitution consists of a single sentence (a preamble) that introduces the document and its purpose. ... Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution states the establishment of the legislative branch of the United States government, known as the Congress, which includes the House of Representatives and the Senate. ... Wikisource has original text related to this article: Article Two of the United States Constitution Article Two of the United States Constitution creates the executive branch of the government, comprising the President and other executive officers. ... Article Three of the United States Constitution establishes the judicial branch of the federal (national) government. ... Article Four of the United States Constitution relates to the states. ... Article Five of the United States Constitution describes the process whereby the Constitution may be altered. ... Article Six establishes the United States Constitution and the laws and treaties of the United States made in accordance with it as the supreme law of the land, and fulfills other purposes. ... Article Seven of the United States Constitution describes the process by which the entire document is to be ratified and take effect. ...

Amendments: 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27
 Formation  History of the Constitution | Articles of Confederation | Annapolis Convention | Philadelphia Convention | New Jersey Plan | Virginia Plan | Connecticut Compromise | Signatories
 Adoption  Massachusetts Compromise | Federalist Papers
 Amendments  Bill of Rights | Ratified | Proposed | Unsuccessful | Conventions to propose | State ratifying conventions
 Clauses  Case or controversy | Commerce | Commerce (Dormant) | Contract | Copyright | Due Process | Equal Protection | Establishment | Free Exercise | Full Faith and Credit | Impeachment | Natural–born citizen | Necessary and Proper | No Religious Test | Presentment | Privileges and Immunities (Art. IV) | Privileges or Immunities (14th Amend.) | Speech or Debate | Supremacy | Suspension | Taxing and Spending | Territorial | War Powers
 Interpretation  Congressional power of enforcement | Double jeopardy | Enumerated powers | Incorporation of the Bill of Rights | Nondelegation | Preemption | Separation of church and state | Separation of powers | Constitutional theory

  Results from FactBites:
 
War Powers Resolution - Wikipedia, the free encyclopedia (784 words)
The War Powers Act of 1973 (Public Law 93-148) limits the power of the President of the United States to wage war without the approval of Congress.
The Resolution is sometimes erroneously referred to as simply the War Powers Act, but that is an older law intended to define limits on trade with enemies during wartime.
On November 9, 1993, the House used a section of the War Powers Resolution to state that U.S. forces should be withdrawn from Somalia by March 31, 1994; Congress had already taken this action in appropriations legislation.
CNN.com - President needs congressional approval to declare war on Iraq - August 30, 2002 (2609 words)
Meanwhile, conservative critics found that the resolution impinges on what they believe are the "inherent powers" of the president (powers largely established by past practice, or some very fancy constitutional interpretations), and thus violates the doctrine of separation of powers by shifting power that properly belongs to the executive, to the legislature instead.
It is also clear that under the War Powers Resolution, Bush II can engage in hostilities with Saddam without violating either the letter or sprit of the law for at least 60 days.
But in the end, the power resides with Congress, not the President, for one power the President cannot take away is the power to approve and withhold funds; it is Congress's alone.
  More results at FactBites »


 

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