War Powers

"I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God." (Title 10, US Code; Act of 5 May 1960 replacing the wording first adopted in 1789, with amendment effective 5 October 1962).

During the oath ceremony, members of the Armed forces as well as Department of Defense civilians pledge to uphold the Constitution, the President, and those officers who serve above them. Article I Section II of the Constitution gives the President the title “Commander and Chief,” which places him at the head of the military Chain of Command (Fisher, Harriger 284). It is this military supremacy, according to the Justice Department, which allows the President to act and make decisions regarding the military; war (284). Unlike its counterpart, however, the United States refrained from vesting the power to initiate war exclusively to the Executive branch. Instead, the Constitution grants Congress the powers to declare war, provide for armed forces, and pass legislation to authorize military action against another nation as done in the recent War against Afghanistan in 2001. While Congress has the ultimate authority to declare war; an authority determined constitutional during the quasi-wars, the President has been given the power to “behave in war-like behavior as long as it looks like war;” a power afforded by the Prize cases of 1863. Following the former, the War Powers Resolution of 1973 outlined th...

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...t stays within his power and respects those afforded to Congress, he is not acting unconstitutionally. Next, the Constitution and rights of citizens, always supercedes the President’s force during times of emergency. Finally, the President may detain an individual sought to threaten the safety of the American people however, may not forfeit an American citizen’s right to court and due process. Generally, though the President has war powers, “[he] needs the support and understanding of both Congress and the public” (306).

Works Cited

Fisher, Louis, and Katy J. Harriger. American Constitutional Law. Ninth ed. Vol. 1. Durham, NC: Carolina Academic, 2011. Print.

"Oaths of Enlistment and Oaths of Office - U.S. Army Center of Military History." U.S. Army Center of Military History, 14 June 2011. Web. 05 Nov. 2011. .