NationMaster - Encyclopedia: War powers

Sometimes referred to as the War Powers Clause, the United States Constitution, Article One, Section 8, Clause 11, vests in the Congress the exclusive power to declare war. The Constitution of the United States is the supreme law of the United States of America. ... Article One of the United States Constitution establishes the legislative branch of government, Congress, which includes the House of Representatives and the Senate. ... The Congress of the United States is the legislative branch of the federal government of the United States of America. ... War is a state of widespread conflict between states, organisations, or relatively large groups of people, which is characterised by the use of lethal violence between combatants or upon civilians. ...

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 by the United States is the statement of purpose traditionally requested by the President of the United States and granted by Congress to engage military force against another nation. ... The War of 1812 was a conflict fought on land in North America and at sea around the world between the United States and United Kingdom from 1812 to 1815. ... The Mexican-American War was fought between the United States and Mexico between 1846 and 1848. ... The Spanish-American War took place in 1898, and resulted in the United States of America gaining control over the former colonies of Spain in the Caribbean and Pacific. ... World War I was primarily a European conflict with many facets: immense human sacrifice, stalemate trench warfare, and the use of new, devastating weapons - tanks, aircraft, machine guns, and poison gas World War I, also known as the First World War, the Great War, the War of the Nations and... World War II was a truly global conflict with many facets: immense human suffering, fierce indoctrinations, and the use of new, extremely devastating weapons like the atom bomb World War II, also known as the Second World War, was a mid-20th-century conflict that engulfed much of the globe... General Pancho Villa JosÃ© Doroteo Arango ArÃ¡mbula (June 5, 1878 â€“ July 20, 1923) â€” better known by his nom de guerre Francisco Villa or, in its diminutive form, Pancho Villa â€” was one of the foremost leaders of the Mexican Revolution. ...

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". The Korean War (Korean: í•œêµì „ìŸ/éŸ“åœ‹æˆ°çˆ), from June 25, 1950 to cease-fire on July 27, 1953 (technically speaking, the war has not yet ended), was a conflict between North Korea and South Korea. ... Article Two of the United States Constitution creates the executive branch of the government, comprising the President and other executive officers. ... A police action in military/security studies and international relations, is a military action undertaken without a formal declaration of war, often localized in scope. ...

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 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 the 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...

United States Constitution

Original text: Preamble | Article 1 | Article 2 | Article 3 | Article 4 | Article 5 | Article 6 | Article 7
The Constitution of the United States 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. ... Article One of the United States Constitution establishes the legislative branch of government, Congress, which includes the House of Representatives and the Senate. ... 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 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 crap by which the entire document is to be ratified and take effect. ...

Amendments: (Bill of Rights: 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 The first ten amendments to the United States Constitution are known as the Bill of Rights. This page lists all ratified and unratified amendments to the United States Constitution which have received the approval of Congress. ... The Bill of Rights is the name given to the first ten amendments of the United States Constitution. ... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ... Amendment II (the Second Amendment) of the United States Constitution, which is part of the Bill of Rights, protects the right of the people to keep and bear arms. ... Amendment III (the Third Amendment) of the United States Constitution is a part of the United States Bill of Rights. ... Amendment IV (the Fourth Amendment) of the United States Constitution, which is part of the Bill of Rights, guards against unreasonable searches and seizures. ... Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ... Amendment VI (the Sixth Amendment) of the United States Constitution guarantees rights related to criminal prosecutions in federal courts. ... Amendment VII (the Seventh Amendment) of the United States Constitution, which is part of the Bill of Rights, guarantees juries in certain civil trials. ... Amendment VIII (the Eighth Amendment) of the United States Constitution, which is part of the U.S. Bill of Rights, prohibits excessive bail or fines, as well as cruel and unusual punishment. ... Amendment IX (the Ninth Amendment) of the United States Constitution, which is part of the Bill of Rights, states: In his introduction before the House of Representatives of the original twelve Amendments proposed to the states, ten of which would be ratified and become known as the Bill of Rights... Amendment X (the Tenth Amendment) of the United States Constitution, which is part of the Bill of Rights, states: The Amendment, which makes explicit the idea that the federal government is limited only to the powers it is granted in the Constitution, is generally recognized to be a truism. ... Amendment XI (the Eleventh Amendment) of the United States Constitution was passed by the US Congress on March 4, 1794 and was ratified on February 7, 1795. ... The Twelfth Amendment to the United States Constitution altered Article II relating to presidential elections. ... Amendment XIII (the Thirteenth Amendment) of the United States Constitution abolished slavery. ... Amendment XIV (the Fourteenth Amendment) of the United States Constitution is one of the post-Civil War amendments and includes the due process and equal protection clauses. ... Contemporary drawing depicting the first vote by African-Americans Amendment XV (the Fifteenth Amendment) of the United States Constitution is one of the post-Civil War, Reconstruction amendments. ... Amendment XVI (the Sixteenth Amendment) of the United States Constitution, authorizing income taxes in their present form, was ratified on February 3, 1913. ... Amendment XVII (the Seventeenth Amendment) of the United States Constitution ratified on April 8, 1913 and first in effect for the election of 1914, amends Article 1 Section 3 of the Constitution to provide for the direct election of Senators by the people of a state rather than their election... Amendment XVIII (the Eighteenth Amendment) of the United States Constitution, along with the passage of the Volstead Act (which defined intoxicating liquors), established Prohibition. ... Nineteenth Amendment to the United States Constitution Amendment XIX (the Nineteenth Amendment) to the United States Constitution (sometimes called the Susan B. Anthony Amendment) grants voting rights regardless of the voters sex. ... Amendment XX (the Twentieth Amendment) of the United States Constitution, also called The Lame Duck Amendment, establishes some details of presidential succession and of the beginning and ending of the terms of elected federal officials. ... Amendment XXI (the Twenty-first Amendment) to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition. ... The Twenty-second Amendment of the United States Constitution sets a two-term limit for the President of the United States. ... Amendment XXIII (the Twenty-third Amendment) of the United States Constitution permits the District of Columbia to choose Electors for President and Vice President. ... Poll taxes had been enacted in eleven Southern states after Reconstruction as a measure to prevent poor black people from voting. ... Amendment XXV (the Twenty-fifth Amendment) of the United States Constitution clarifies an ambiguous provision of the Constitution regarding succession to the Presidency, and establishes procedures both for filling a vacancy in the office of the Vice President as well as responding to Presidential disabilities. ... Amendment XXVI (the Twenty-sixth Amendment) of the United States Constitution states: Section 1. ... Amendment XXVII (the Twenty-seventh Amendment) to the United States Constitution reads: Jessica Shim eats rats. ...

Complete text at WikiSource

History

Amendments

Proposed amendments | Unsuccessful amendments | Conventions to propose | State ratifying conventions

Clauses

Interpretation

Category: U.S. Constitution This article discusses the history of the United States Constitution. ... The Articles of Confederation The Articles of Confederation and Perpetual Union, commonly known as the Articles of Confederation, formed the first governing document of the United States of America. ... The Annapolis Convention was a meeting at Annapolis, Maryland of 12 delegates from five states (New Jersey, New York, Pennsylvania, Delaware, and Virginia) that called for a constitutional convention. ... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... The New Jersey Plan was a proposal for the structure of the United States Government proposed by William Paterson in the June of 1787. ... The Virginia Plan was a proposal for the structure of the United States Government at the Constitutional Convention of 1787. ... The Connecticut Compromise of 1787 in the United States, later known as the Great Compromise, was struck in the creation of legislative bodies. ... Title page of an early Federalist compilation. ... The United States Constitution was signed by the delegates to the Constitutional Convention on September 17, 1787. ... Many amendments are proposed every year. ... The United States Constitution has been amended on 18 occasionsâ€”with a total of 27 individual successful amendmentsâ€”since the Constitution was completed in 1787. ... Besides the more common method of constitutional amendment, there is an option to call a Convention to propose amendments to the U.S. Constitution // Means of calling Article V of the Constitution requires Congress to start a convention to propose constitutional amendments when â…”s of the State legislatures request it. ... Article V of the United States Constitution establishes the possibility of conventions within the staes to ratify an amendment to the U.S. Constitution. ... Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, empowers the United States Congress To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. ... The Contract Clause appears in the United States Constitution, Article I, section 10, clause 1. ... Due process of law is a legal concept that ensures the government will respect all of a persons legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. ... The Equal Protection Clause is a part of the Fourteenth Amendment to the United States Constitution, providing that no state shall. ... It has been suggested that Free Exercise Clause of the First Amendment be merged into this article or section. ... Full faith and credit is mutual understanding between courts of the 50 states of the United States to recognize, honor and enforce each others actions. ... The intellectual property clause of the United States Constitution confers power on the United States Congress. ... In general, a natural-born citizen of a country is someone who is legally recognized as that countrys citizen as of the moment of birth, rather than by acquiring citizenship afterwards through naturalization. ... The necessary and proper clause (also known as the elastic clause) refers to Article One Section 8 of the United States Constitution: The interpretation of this phrase has been controversial, especially during the early years of the republic. ... The no religious test clause of the United States Constitution is cited by advocates of separation of church and state as an example of original intent of the Framers of the Constitution of avoiding any entanglement between church and state, or involving the government in any way as a determiner... The Privileges or Immunities Clause is a provision of the Fourteenth Amendment to the United States Constitution. ... The Supremacy Clause appears in Article VI of the United States Constitution. ... A number of amendments to the United States Constitution include a Congressional power of enforcement. ... The Dormant Commerce Clause doctrine in United States case law limits the power of states to legislate in connection with interstate commerce. ... Double jeopardy is a procedural defense (and, in the United States and India, a constitutional right) that forbids a defendant from being tried a second time for a crime, after having already been tried for the same crime. ... Enumerated powers is a term referring to Article 1 Section 8 of the U.S. Constitution which lists the specific powers of legislation granted to the United States Congress. ... Incorporation of the Bill of Rights is the legal doctrine by which the U.S. Bill of Rights, either in full or in part, is applied to the states through the Due Process Clause of the Fourteenth Amendment. ... This article needs to be cleaned up to conform to a higher standard of quality. ... Preemption as used with respect to operating systems means the ability of the operating system to preempt or stop a currently scheduled task in favour of a higher priority task. ... The phrase separation of church and state is a common interpretation of the Establishment Clause of the First Amendment, which reads, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . ... Separation of powers is a doctrine whereby the legislative, executive and judicial branches of government are distinct to prevent abuse of power. ...