War Powers in the United States

War Powers in the Legislative Process

The Congress’s powers, enumerated in the Constitution, to declare war, to raise and support the army and navy, and to make rules governing the conduct of the armed forces. The framers of the Constitution intended to divide the potent power to wage war between the president (who was named commander-in-chief of the armed forces) and the Congress (which retained the sole power to declare war and provide funding for it). Over time, however, the presidency has become more and more powerful in matters of war and peace; since 1945, no American military conflict has been an official war, declared by Congress as called for by the Constitution. Congress sought to regain some control over military matters by passing the War Powers Actof 1973, which placed certain restrictions on the president’s ability to deploy forces abroad when no state of war has been declared. But every president since has disputed the War Powers Act’s legality, and there has never been a court case to test its lawfulness, so the question of Congress’s war powers vis-à-vis the president remains unresolved.

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• Legislative Power
• Legislative History
• Legislative Ethics
• Legislative Session
• Legislature
• Legal Aid
• Legislative Commissions
• Legislative Branch
• Legislation
• Executive Branch
• Legislative Function

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