The argument on separation of powers between the president of the United States and the Congress on the control over the armed forces has been in being for decennaries. Both lawfully and constitutionally. the argument ne’er ends. With huge executive powers vested in the presidential term and legislative powers vested in the Congress. struggles have ever arose on who precisely to run the personal businesss of the military owing to the fact that they determine the foreign policy of the United States. Decisions on the military force by these two establishments have been through struggle and cooperation particularly in the station cold war epoch which posts a major challenge to the public assistance of the people of the United States. ( William D. 2003 )
The president through the powers provided for him in the fundamental law as the caput of province and administration makes him powerful in act uponing determinations particularly sing the armed forces. This is because he is the commanding officer in head of the armed forces. At the same clip. the Congress in mandated by the fundamental law to pull off and protect the security of the people of the United States. This responsibility is performed in coaction with the president through legal cheques and balances. This means that during war. the Congress authorizes the president to pay war in protection of the rights and freedoms of the people of American.
In my place. the Congress derives more powers from the fundamental law to modulate the military forces as advanced in this treatment. The power granted to the Congress to vote and raise the War Power Resolutions ( WPR ) stands as a power cheque on the president on his ideal public-service corporation of the military force. These declarations were decided up in the twelvemonth 1973 amidst concerns by the Congress on the presidential powers on the usage of the armed forces. The legislative act required the president to stop combat in another state within a period of 60 to 90 yearss unless the Congress authorizes it ( the war ) to go on. ( Michael E. 1998 )
The power cheque is sometimes ambitious and may non even work since most presidents will ever rule on the tantamount determinations on the usage of the force. The inability of the Congress to raise the WPR. so the president does exert his powers as the commanding officer in head of the armed forces and hence lawfully authorizes military operation.
The president of the United States under the fundamental law is given the powers to pay war while the Congress has the authorization to declare and fund the war. Since the 2nd universe war. it has been demonstrated that the president has more powers to even get down wars without confer withing the Congress. This has resulted to the Congress paying the monetary value of a war they were non involved at make up one’s minding on.
In such a state of affairs. the Congress may turn down or even cut down fiscal position of such wars to restrict the commanding officers function in the field. This has been witnessed in the war in Iraq ( 2003 ) where the Democrat controlled Congress limited support to the war stating that it was traveling by the low public blessing of the war in Iraq.
The Congress in the United States through the supreme tribunal can dispute a determination by the president on military determination. Since the Congress tends to travel by the will of Americans-democrat-the power divide between it and the president is to bring on corporation in critical determinations.
A supreme tribunal opinion in 2006in Hamdan vs Rumsfeld. the opinion found the particular military committee established by president Bush was illegal. ( Michael E. 1998 ) This stressed that the war clip military powers should be decided between the president and the Congress. Sing troop backdown. the US Congress is bestowed with the authorization to restrict the period of military personnels operation on the land. These significant powers should besides include its function in make up one’s minding and specifying the nature and range of a military operation.
For case. in 1993 the Democrat centered Congress established an 18 month clip bound for the US military personnels deployed in Lebanon by the so president Ronald Reagan who was a republican. On losing 241 US military personnels in Beirut after a bomb onslaught. Reagan and his disposal withdrew all the staying military personnels from Lebanon by March 1994.
The Congress has the constitutional authorization to authorise the president to take military steps to cover with individuals. states and organisations who/that attack the freedom and democracy of the people of America.
After the September 11 terrorist onslaughts on the US. the Congress gave the president the authorization to take military action against the involved parties. This placed the operation at his ain discretion without holding to seek any farther audience from the Congress. The Congress has the power to do Torahs on the US foreign policy. This entails the checking if the presidents activities in other states deserves resources from the American people.
In 2007. the Congress came up with a memoranda that outlined ways of guaranting that the stairss that the president took were to be executed in a mode that promoted the American national security reflecting the desires of the American people. In decision. the Congress should portion more authorization with the president on determinations associating to the military force. The president should esteem the authorization given to the Congress by the fundamental law and non to bury that Americans have rights and freedoms to bask.
Michael E. “Congress. the president and the usage of the military force: Corporation or struggle in the post-cold war era” . War journal 28 ( 1998 ) : 35-40.
William. D. “A quick and soil usher to Bush disposal war profiteering ” . New York: State