If you are looking in the United States Constitution to find where it says the president has the power to declare war, you might be looking for a while. Those words were never written in the Constitution. The Constitution states that Congress has the power to declare war, “power to declare war, grant letters of marque and reprisal, and make rules about captures on land or sea” (U.S. Constitution). Nevertheless, the last time Congress declared war was 1941 (WWII). I guess that is congressional acquiescence. We have been in several wars and conflicts since then. Who has “declared” or entered the United States into these wars? The president. September 11, 2001 was a tragic event, which never will be forgotten and changed the lives of many. Almost two years after that horrific day in history, President Bush declared war on Iraq. Four countries participated with troops during the initial invasion phase, which lasted from the 19th of March to the 9th of April 2003. These were the United States (148,000), United Kingdom (45,000), Australia (2,000), and Poland (194). Congress has the constitutional power to declare war; however, more often than not it is the president that has done so and abused his power as commander- in- chief.
If you ask American citizens why President Bush chose to invade Iraq in 2003 many would say because the September 11th attacks. “According to U.S. President George W. Bush and British Prime Minister Tony Blair, the coalition mission was "to disarm Iraq of weapons of mass destruction, to end Saddam Hussein's support for terrorism, and to free the Iraqi people” ( ). Dubbed George W. Bush’s war on terror, the invasion of Iraq challenged congress’ power to declare war. Furthermore, Bush made several unilat...
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...in Afghanistan) as “enemy combatants” violates a 1971 law that bars citizens who haven't been charged with a crime from being imprisoned or detained indefinitely, except pursuant to an act of Congress” (Masci 2001). The law was inspired by the controversial World War II internment of Japanese-Americans. “Critics say the White House is trying to claim a right to detain citizens without charging them with a crime, creating a paradox in which a citizen charged with being an enemy combatant, such as so-called “American Taliban” John Walker Lindh, has more rights than the uncharged citizen detainees” ( ). The White House defended the prosecutorial strategy as legal citing a 1942 Supreme Court ruling in a case dealing with Nazi criminals, which stated that the military may detain a U.S. citizen who joined the enemy or entered the country to carry out hostile attacks.
The war in Iraq was declared in March 2003 for many reasons. Some of the reasons are to free Iraq, the oil, and because Saddam Hussein did not allow weapons inspectors search for nuclear weapons. The US wanted to take over Iraq and free its people from the torture they had been enduring for so long. Saddam Hussein had developed weapons of mass destruction that posed a long-term threat to America. He denied weapons inspectors access to search for nuclear war weapons and this served as a threat to other countries. The aim had been the destruction of the Iraqi society enabling the US and Britain to gain control of Iraq's huge oil reserves.
to declare war was vested in the Congress. This decision set the stage for the
September 11, 2001 marked a tragic day in the history of the United States; a terrorist attack had left the country shaken. It did not take long to determine those who were behind the attack and a call for retribution swept through the nation. Citizens in a wave of patriotism signed up for military service and the United States found resounding international support for their efforts in the war on terror. Little opposition was raised at the removal of the Taliban regime and there was much support for bringing Osama Bin Laden and the leaders of al-Qaeda to justice. Approval abroad diminished approximately a year and a half later when Afghanistan became a stepping stone to the administration’s larger ambition, the invasion of Iraq. The administration would invent several stories and in some cases remain silent of the truth where would prove positive for the Iraqi invasion. It seems they were willing to say anything to promote the largely unpopular and unnecessary war they were resolved on engaging in.
Under the Constitution, war powers are divided. Congress has the power to declare war and raise and support the armed forces (Article I, Section 8), while the president is the Commander in Chief (Article II, Section 2) (War Powers Resolution, Wikimedia). It is generally agreed that the Commander in Chief role gives the president power to repel attacks against the United States and makes him responsible for leading the armed forces. During the Korean and Vietnam wars, the United States found itself involved for many years in undeclared wars (War Powers Resolution, Wikimedia). Many members of Congress became concerned with the erosion of congressional authority to decide when the United States should become involved in a war or the use of armed forces that might lead to war. The Senate and the House of Representatives achieved the 2/3 majority required to pass this joint resolution over President Nixon¡¯s veto on November 7, 1973. (War Powers Resolution, Wikimedia).
In both wars, “Presidents have often engaged in military operations without express Congressional consent. These operations include the Korean War, the Vietnam War,” (War Powers 2008). The result of the action to go to war in Vietnam led to the passing of the the War Powers Resolution in 1973. Since World War II, the presidency seemed to have control over Congress, which did change after the Vietnam War. The wars, though, were meant to protect the ideals of democracy in other parts of the world. However, to their claim, they say that, “since the Constitution was adopted there have been at least 125 instances in which the President has ordered the armed forces to take action or maintain positions abroad without obtaining prior congressional authorization, starting with the ‘undeclared war’ with France,” (Woods). However, they include several things that were very small, and not very large scale attacks, not even against other federal
Aquinas argues that one of the objectives in order to make a war justified is when a legitimate authority declares it. Typical it is usually a country's top leadership that would count as legitimate authority, however in the United States it is not the President who can legally declare war but Congress (but after WWII, all the wars that United States was engaged in were not officially declared by Congress). However, even though the wars after WWII may not be official wars under the Constitution, to Aquinas they still the criteria of a war being waged by a President who is still a legitimate authority.
Another constitutional power of the President is Commander-in-Chief. In spite of this, the Congress has been given the sole right to declare war on any other country or city that attacks the USA in any form. In theory the congress are referred to as more superior than the President, and are seen to have more power as they make the final decisions on whether or not to declare war. However in practice, this power has not been used since 1941.
Stated by President Bush, “Americans should not expect one battle but a lengthy campaign, unlike any other we have ever seen.” Bush launched the War in Afghanistan to find and to bring to justice Osama bin Laden, head of the al-Qaeda organization that launched the 9/11 attack.
(Sell Lecture Notes, p.6) Congress shares responsibility with the president in declaring war, negotiating treaties with other countries and proving funds for soldiers and weapons. This is when conflicts come to head. The Vietnam War is a perfect example of this conflict, when the President waged war without a formal declaration of war from Congress. Because of this Congress then passed the War Powers Act in 1973. (Sell Lecture Notes, p.2) The Presidency has many responsibilities and powers.
The War Powers Resolution was the result of a consistent and ongoing power struggle between the President and Congress in the United States. The Constitution of the United States lays out the powers of the different branches of government. These branches are specifically designed to check each other to create a balance of power. In regards to foreign security affairs, Article I, Section 8 of the Constitution states that the Congress has the power to declare war, maintain the army and navy, and control war funding. Under 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 the Congress which must be overturned by a 3/4ths vote by the Congress. The Presidential veto power was also used to create a hurdle for the Legislative branch in passing this policy. However, as this essay will establish, the Congress was able to pass the bill despite the opposition from the Executive branch. The War Powers Resolution is a controversial piece of legislation because it challenged the power of the President as the Commander and Chief of the army and navy. This challenge was perpetrated by Congress in order to check this power of the President and strengthen the significance of the right to declare war.
US forces were already involved in Vietnam when Lyndon Johnson engineered the Gulf of Tonkin Resolution of 1964, and George Bush Senior agreed in a two-day Senate debate on US intervention in the Persian Gulf, but George W. Bush has surpassed his predecessors in the assumption of imperial powers--most obviously, perhaps, in his tendency to conflate America's war against terrorism with his own existential destiny. "I will not forget this wound to our country," he told the nation shortly after September 11. "I will not yield; I will not rest; I will not relent in waging this struggle for freedom and security for the American people." In assuming this pivotal role, moreover, Bush has made it clear that he will allow no boundaries not even on his exercise of national power. The president made the arbitrary decision to designate as a foreign “enemy combatant” Some Americans are being held incommunicado in a military brig without due process of law and without charges... in suspect of being related to al-Qaeda and possessing a dirty bomb[2].
On September 11, 2001, our country was hit with enormous devastation, just after eight o’clock a.m. the first of the twin towers was struck by a suicide pilot, the second was struck slightly later. The towers fell just after ten o’clock a.m., devastating the entire country, and ruining the lives of many. A plane also hit the Pentagon in Washington D.C., and another in rural Pennsylvania causing just as much grief. The U.S. is still in mourning, but standing tall, more Americans showed their American pride in the following months than ever before. In the months to come the only thing that was on the minds of millions was: Should we go to war? War is necessary for the survival of our country. Going to war with Iraq is a fight against terrorism. Many people believed that going to war with Iraq is unjust. Some believe that there are other ways in looking at the situation.
The event that occurred on September 11, 2001 was a tragic and heartbreaking scene for the American people. Americans were distraught and an outbreak of fear and devastation swept the nation. Conspiracies have alluded to blaming the government for this catastrophe; however, some controversies put the sole blame on George W. Bush. Many Americans used him as a scapegoat due to emotional instability or timorous feelings towards the attacks. In response to the attacks that took place on September 11, 2001, George W. Bush positively influenced and reassured the American people that America was strong and that the United States would stop at nothing to find who was responsible for such acts.
The United States has gone to war since 1898, in response to attacks made on America. These attacks that have caused the United States to enter war include violent aggressions and threats made on America and America’s ideologies like democracy. This theory of why America has gone to war can be seen in the Spanish American War, World War 1, World War 2, the Korean War, the Vietnam War, and the War on Afghanistan.
What has our society classified as a prisoner of war? A prisoner of war is someone who is a member of regular or irregular armed forces of a nation at war held by the enemy. After two years of war with the Middle East our society wonders what happens to the prisoners in jail. The other conflicts of prisoners of war is how they are treated in jail, also what did they do to be detained as a prisoner of war? In most situations, there is a legitimate reason why these people are taken captive. So many might ask what is happening to the Iraqis detained under Coalition forces custody, and do the prisons comply with standards set fourth in the Geneva Conventions? This subject is very controversial to the U.S and other nations. The controversial part of this subject is the alleged abuse of prisoners in jail in custody of U.S soldiers. There are many cases of prisoners dying in prison but is it because of abuse by American soldiers. This subject of abuse upon prisoners of war has reach all over the world especially to the United States. Our president George W. Bush, along with Congress, has arranged investigations on the events that happen inside the prisons. He has addressed to the nation that such things have not occurred, but what a U.S soldier knows may be a little different. This kind of action toward prisoners of war is illegal according to US law, which is dictated by the Geneva Conventions. If a soldier is found guilty of abuse, or other forms of mistreatment, that soldier will be recommended for court-martial. The other issue about this subject is that there are so many different opinions on this matter. One opinion is that U.S personnel really did cause the death of many prisoners of war. The other question i...