It is hard to disagree that one of the primary purposes of the separation of power was to make the whole process easier and more defined, as well as limit the actions of the U.S. President and Congress. However, this decision has somehow introduced new concerns and possibilities to exceed constitutional boundaries. Thus, even though America has not formally declared war since World War II, the country has been in a constant state of war for the last decades. The purpose of this essay is to discuss whether the President’s military powers should continue to expand.
In order to answer this question, it is possible to refer to the supreme law of the U.S. According to the Congressional Research Service (2021), Article I gives the power and right to declare formal wars to Congress, while Article II names the U.S. President to be Commander in Chief. At the same time, while the debates on this topic are ongoing, there are some arguments supporting the need for the President to be able to use military forces even when the war is not declared. First, the Constitution does not clearly define the powers of the President in the role of Commander in Chief. Additionally, “nor does it explain the extent to which Congress, using its own constitutional powers, may influence how the President commands the Armed Forces” (Congressional Research Service, 2021, p. 1). The President is eligible to use military forces to protect the country’s freedom, rights, and interests, which is why it is unlikely that constitutional boundaries are exceeded. When America faces any sort of threat, the President should address the concerns without congressional authorization or consultation, even if it means that protracted military conflicts are expected.
To draw a conclusion, one may notice that the twenty-first century is the age of rapidly changing strategies, global actors, and situations. Therefore, new visions and approaches are required instead of old methods. While the separation of power is a necessary and beneficial process, some events require instant reactions, which is why it is probably better to expand the understanding of the power provided to the U.S. President by the Constitution and allow the former to address the growing chaos.
Reference
Congressional Research Service. (2021). Defense primer: President’s constitutional authority with regard to the armed forces [PDF document]. Web.