Presidential War Powers and Constitutional Limitations
It is essential to note that the United States is a presidential republic, where the President serves as the head of the executive branch of government, while Congress holds legislative power. There are specific limitations on what a president can do without Congress’s approval, such as declaring war. However, after the approval is achieved and military operations are undertaken, the United States Constitution enables a president to have complete command over such endeavors. These power dynamics between a president and Congress ensure that checks and balances are preserved when leading the nation.
Congress’s Power to Prevent the President from Waging War
Firstly, one should consult the core document to understand what constitutes the presidential commander-in-chief’s powers as outlined in the United States Constitution. The Commander in Chief clause in Article II, Section 2 of the U.S. Constitution states:Â The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion. (Congress par. 1)
The War Powers Resolution of 1973 was introduced to limit this presidential power, which mandates the President to notify Congress of military action. In other words, there must be congressional approval before the President can engage in such activities. Since only Congress can declare war, the President can only engage in military actions, which means that the resolution further limits presidential power (Patterson 78). Therefore, the President is obliged to notify, inform, and obtain consent from Congress before using the nation’s military resources. Congress can prevent the President from waging war without their approval, but there were controversies and violations in the past, such as Bill Clinton’s bombing of Yugoslavia (Patterson 115). Congress disapproved it, but military action took place nonetheless.
Judicial Oversight of War Powers
Secondly, the Federal judiciary or the judicial branch has a role in checking Congress and the President’s war powers. It does so by interpreting the laws and declaring them unconstitutional. Since no person is above the law and the U.S. Constitution, both Congress and the President must comply with the constitutional limits. The Federal judiciary can declare executive orders issued by the President unconstitutional, thereby controlling and limiting the executive branch’s power.
In addition, the judicial branch can declare the laws made by Congress unconstitutional, which means that the former controls and limits the powers of the latter. Since the War Powers Resolution of 1973 limits the President’s power to wage wars, the judicial branch can declare the resolution unconstitutional if needed. In other words, the Federal judiciary can transfer the power from Congress to the President if it deems it necessary. As long as the law exists, the President must gain the approval of Congress before engaging in military actions. This way, the Federal judiciary’s inaction shows an indirect control over the President as well as Congress.
Works Cited
Congress. “Article II Executive Branch.” Constitution Annotated, 1787. Web.
Patterson, Eric. Just American Wars: Ethical Dilemmas in U.S. Military History. Routledge, 2018.