War Powers Act
The farmers of our Constitution recognized the need for separate powers as well as checks and balances among the executive, legislative and judicial branches. This in turn helps to "provide for the common defense". Separation of powers prevents one branch from becoming excessively dominant over the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare and secure the blessings of liberty to ourselves and our Posterity, do ordain and establish this Constitution of the United States of America.: In order to accede to the preamble and adhere in its goals, the Constitution ensures this is by clearly stating the authority of the Congress in Article I Section 8 and the authority of the President in Article II Section 2. These fixed powers in the Constitution clearly state that one cannot act without permission or authorization of another. It is designed to that one cannot take action without consent of the other branch. This is prevalent in Article I Section 7 that states the process of how a law is passed. The fact that there are clear steps to the initiation of a law states the importance of separation of powers so that a
imminent involvement in hostilities is clearly indicated by the circumstances, and after every such introduction shall consult regularly with the Congress until United States Armed Forces are no longer engaged in hostilities or have been removed from such situation." Section 3 of War Powers Resolution is necessary for the perpetuation of democracy and its inherent system of checks and balances. (RushKoff, 1337)(Mason, 105-106) The development of executive dominant role in war making has resulted in an attempt by congress to reassert its constitutional war-making powers. The War Powers Resolution (WPR) represents congress attempt to regain a degree of involvement in the nation decision to engage in war. as commander-in-chief is restricted. In Youngstown Sheet & Tube Co. vs. Sawyer. President Truman attempted to seize the nations steel mills for fear of nationwide strike. Truman felt that this would be detrimental to the national defense. Congress did not authorize the seizure and provided president with an additional manner to handle this situation. Nonetheless, Truman seized the mills despite congress' disapproval. Truman relied on authority granted by the commander-in-chief clause in the constitution. (Mason, 135-139)(Goldberg, 33-34) The Supreme Court decided that the President had no power to seize the mill in absence of congressional approval. Justice Frankfurter reasoned that the Taft-Hartley Act (state that strikes by federal employees are outlawed) expressly denied the president the authority to monopolize war powers. In addition, Frankfurter also noted that executive practice with the acquiescence of congress is deceptive. Justice Jackson also ascertained that powers of president are at it's maximum when implicit by congressional authority and when president acts specifically to his realm of presidential powers. Hence, the Supreme Court denied power of president to seize the
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Approximate Word count = 1291
Approximate Pages = 5 (250 words per page double spaced)
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