Topic > War Powers Resolution - 1613

The War Powers Resolution was the result of a consistent and ongoing power struggle between the President and Congress in the United States. The United States Constitution establishes the powers of the different branches of government. These branches are specially designed to control each other to create a balance of power. Regarding foreign security affairs, Article I, Section 8 of the Constitution states that Congress has the power to declare war, maintain the Army and Navy, and control war funding. Pursuant to Article II, Section 2, the President is the Commander and Chief of the Army and Navy. The President can also veto a declaration of war made by Congress which must be overturned by a 3/4 vote of Congress. The presidential veto power was also used to create an obstacle to the legislature in passing this policy. However, as will be established in this essay, Congress was able to pass the bill despite opposition from the executive branch. The War Powers Resolution is a controversial piece of legislation because it challenges the president's power as commander and head of the Army and Navy. This challenge was perpetrated by Congress in order to check this power of the President and strengthen the importance of the right to declare war. The War Powers Resolution took place in the context of the Cold War and the Vietnam War during the 1960s and 1970s. The United States supported South Vietnamese troops in the battle against the northern state of Hanoi. The controversy over American involvement in Vietnam was heightened by the government's apparent lack of transparency. Two presidents, Lyndon B. Johnson and Richard Nixon, used their constitutional authority as Commander and Chief to circumvent...... half of the document ......=toc&num=2#H2_7.Grimmett, Richard F.“ The War Powers Resolution: After 30 Years. CRS Report for Congress. March 11, 2004. https://www.fas.org/man/crs/RL32267.html.Marder, Murry. “Nixon Opposes Repeal of Tonkin Resolution: Administration Opposes Senate Repeal of Gulf of Tonkin Resolution.” The Washington Post. December 18, 1969. http://search.proquest.com.ezproxy.library.ubc.ca/docview/143683440.McMahon, Robert. “Balance of War Power: The President and Congress of the United States.” Council on Foreign Relations. September 2013. http://www.cfr.org/united-states/balance-war-powers-us-President-congress/p13092#p5.Stephen L. Carter, “The Constitutionality of the War Powers Resolution,” Virginia Law Review, vol. 70, no. 1, February 1984, http://www.jstor.org.ezproxy.library.ubc.ca/stable/1072825. Constitution of the United States. http://www.archives.gov/exhibits/charters/Constitution_transcript.html