StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

The President, Congress and Decisions to Employ Military Force - Essay Example

Cite this document
Summary
The paper "The President, Congress and Decisions to Employ Military Force" discusses that discussion of the Framers’ intent involving the use of the War Powers Resolution outlines the case against congressional involvement in decisions to use military force short of full-scale war…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER92.7% of users find it useful
The President, Congress and Decisions to Employ Military Force
Read Text Preview

Extract of sample "The President, Congress and Decisions to Employ Military Force"

The President, Congress and Decisions to Employ Military force Of all the decisions made by the American Presidents, none are more serious than those involving a military option. Whether the President has the constitutional power to commit military force to missions short of all-out war unilaterally or whether he must seek congressional approval has been one the most contentious issues in the history of the Republic. Framers’ intent and the practical considerations involving use of the War Powers Resolution bring forth the case against congressional involvement in decisions to use military force short of full scale war. The Scales seem to point heavily in favour of presidential primacy as the most prudent and effective approach. Three Dimensions There are key theoretical and practical considerations that have shaped the historical development of the doctrine on ‘the use of force’ in the United States. The three dimensions are: An assessment of the intent of the framers’ of the Constitution concerning shared power; The congressional concern over executive power and the resultant problems in the War Powers Resolution; and The volatility of the executive approach to use of force decisions as devised by Weinberger et. al. An assessment of the intent of the framers’ of the Constitution concerning shared power It is clear that the Framers agreed that there should be no absolute seat of power. This was achieved by dividing power across the three separate branches of government. Framers were willing to trade military and diplomatic efficiency to preclude either branch from consolidating authority and achieving absolute power. Article I Section 8 states that congress” shall have power…to declare war.” Article II Section 2 states that “The President shall be the Commander-in-Chief.” Unfortunately matters are not so clear and straight forward. The authority of the president as commander-in-chief ought to exist without limitation, because it is impossible to foresee or to define the extent and variety of national exigencies. The political thinker Hugo Grotius noted that a declaration of war contained many legal functions unrelated to the use of armed force – legal aspects of war. In an 1800 opinion rendered in the Eliza case, the court acknowledged a difference between formal declared war and a more confined version. In the United States v Curtiss-Wright Export Corporation et.al. decision of 1936, the Court certified the authority of the president with respect to external affairs. It is further noted that on February 15, 1816, the Senate Committee on Foreign Relations reported that “The President is the constitutional representative of the United States with regard to foreign relations.” The evolution of the legal and political authorities by which the United States approaches war also would appear to be based these legal opinions. In sum, then, two matters seem settled. The Framers clearly acknowledged the broad legal aspects of a war declaration and as such granted this power only to the congress. On the other hand, they also recognized that there were occasions during peacetime when it was necessary to apply military force to realize national objectives. This power falls to the President as Commander-in-chief. The congressional concern over executive power and the resultant problems in the War Powers Resolution The War Powers Resolution was passed over Richard Nixon’s veto in 1973. Enacted after Vietnam, the resolution has been considered unconstitutional by every chief executive from Nixon to Bush. The resolution states that the constitutional power of the president as commander-in-chief to introduce armed forces into actual or potential hostilities is limited to situations where there is: 1. a declaration of war 2. specific statutory declaration, or 3. a national emergency created by attack upon the United States, its territories or possessions, or its armed forces. Proponents of the resolution point to creating a functioning partnership between the president and the congress. Opponents argue that is it practical on day-to-day basis that decision to use military force are to be made by the congress and the President. Because the primary reason for the existence of a military is deterrence. How effective is deterrent value when it can only be used as a result of a collective decision? Such a partnership will be viewed as a weakness, not strength. In any closest or partnerships there is disagreement. Who arbitrates disagreement between the functioning partners? Under the circumstances it would appear nobody does. There are three specific questions concerning the above – first, what constitutes “consult with congress”; second, while “introducing…into hostilities” is clear, how does one predict “imminent involvement?”; and third, what are conditions required for something to be “clearly indicated?”. There are operational considerations – first is “time”; second is “surprise” and the third is “security”. The volatility of the executive approach to use of force decisions as devised by Weinberger et. al Defense Secretary Weinberger outlined specific criteria - Six major tests to be applied - for the use of military force abroad in his National Press Club speech in 1984. The six tests can be described by their broad descriptions: vital interest, clear intention of winning, clear political and military objectives, reassessment and revaluation after force has been applied, assurance of support f congress and the people, and the last resort. Weinberger qualified and expanded each test, resulting in a much more detailed list. This list presented in a chronologically consistent order, includes: 1. The circumstances and occasion are vital to our national interests at the time of decision. 2. Use of force is a last resort. 3. Actions will be governed by clear political and military objectives, with supporting campaign strategies and adequately sized and equipped forces. 4. Force will be applied with a clear intent of winning. Available means will be matched to desired ends. 5. The decision should ideally have the support of the people and the congress. These will be based on candor and openness, and be marked by continuing dialogue. 6. Interests, objectives, strategies, and forces should be subjected to on-going reassessment and revaluation. Chairman of Joint Chief of Staff Colin Powell supported the concept of presenting a list of questions to be addressed in the decision process. In addition to Weinberger criteria, Powell called for an evaluation of costs and risks and consequences of military action. President Bush fined tuned both the above criteria to the need for judgment in using force and showed aversion to any fixed set of rules. Bush explained that force was not always the answer with vital interests but may be the answer with important interests. This reflects the willingness to commit force for missions not in the vital interest of the United States, but in general interests of humanity and thereby carrying their own unique importance. Persian Gulf War was the most significant event involving the use of force. Using the tests, which evolved after Weinberger and Bush speeches and Powell’s article, as analytical frame work provides remarkable correlation between compliance with the tests and overall success of the intervention – success being defined as meeting all political objectives. Conclusion Discussion of the Framers’ intent and the practical considerations involving use of the War Powers Resolution outline the case against congressional involvement in decisions to use military force short of full scale war. In deed it should be the president, as the Commander-in-chief, who decides whether or not to use military force as an instrument of foreign policy. References: Joseph R. Avella, The President, Congress and Decisions to Employ Military force, Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Summary Essay Example | Topics and Well Written Essays - 500 words - 18”, n.d.)
Summary Essay Example | Topics and Well Written Essays - 500 words - 18. Retrieved from https://studentshare.org/miscellaneous/1542958-summary
(Summary Essay Example | Topics and Well Written Essays - 500 Words - 18)
Summary Essay Example | Topics and Well Written Essays - 500 Words - 18. https://studentshare.org/miscellaneous/1542958-summary.
“Summary Essay Example | Topics and Well Written Essays - 500 Words - 18”, n.d. https://studentshare.org/miscellaneous/1542958-summary.
  • Cited: 0 times

CHECK THESE SAMPLES OF The President, Congress and Decisions to Employ Military Force

War Powers Resolution In Libyan Case

Though divided on this topic, many members of congress and experts viewed the US intervention in Libya as constituting a war.... the president has the power to deploy troops, but is still subject to the congressional decisions.... In practice, the US Congress has little power to influence the president's decisions.... Most experts agreed that hostilities were present in Libya, but that the president's actions were neither unconstitutional, nor in violation of the War Powers Resolution....
35 Pages (8750 words) Research Paper

To What Extent Public Opinion Affected Lyndon Johnsons Decision on the Guns vs Butter Dilemma

… The paper attempts to assess the degree to which Johnson's decisions to escalate, or seek a negotiated end to, the Vietnam War could be seen as a reaction to American public opinion; as well as the extent to which the lack of public support for the conflict in Southeast Asia overshadowed Johnson's efforts to build the “Great Society”, and contributed to a deterioration of his public image.... This paper will examine how public opinion in the United States influenced the decisions made in Washington during Johnson's years....
15 Pages (3750 words) Research Paper

The War Powers Act of 1973

Constitution clearly states that only Congress may declare war but it also gives the president the title of Commander-in-Chief of the military forces.... The Act allows the president to deploy troops to a country for 60-90 days without the consent of Congress (War Powers Resolution, 1973).... It is intended to first allow the president to deploy troops in an emergency situation but secondly to strictly enforce Congressional authority to declare war, to adhere to the framers of the Constitution's intention for the people's representatives in Congress to decide if military action was in the nation's best interest....
6 Pages (1500 words) Article

US Appellate Court Decisions Relating to Presidential Powers

t issue: Does the president's inherent right to safeguard certain information make him entirely immune to judicial review?... Clair (the president's counsel) concurred in requesting the Supreme Court hear the appeal from the Sirica decision—‘certiorari before judgment,' a procedure allowing the matter to proceed directly to the Supreme Court without an intervening hearing and decision rendered by the Court of Appeals for the DC Circuit—which motion was granted....
24 Pages (6000 words) Essay

US Presidents and the Presidency

The 43rd president George W.... Bush was the first president of the new millennium who has been accused of inciting and provoking the wrath of the Islamic terrorists.... The current president, Barrack Obama is also remarkable historically in being the first African American president in addition to have being the only one born outside the continental USA.... ne of the most outstanding American presidents is Abraham Lincoln the 16th US president, who has been credited for his significant leadership, preserving the United States union when it was threatened by bitter internal turmoil from the breakaway southern Confederate states....
18 Pages (4500 words) Essay

The Presidency and the Constitution

nbsp;… The conclusion states that though the president has the constitutional powers which are clearly stated, the president should not be a dictatorial leader and thus it is important for the president to consider the other arms of the government before making decisions.... the president has constitutional, institutional and political powers.... the president powers are in the constitution under Article II of the constitution which starts by declaring the president as the chief executive....
5 Pages (1250 words) Assignment

President Barack Obama, the war power, and executive orders

The question arose as to what degree the president can exercise the power to deploy American armed forces into an aggressive situation abroad the country without the approval of the Congress.... President's executive orders are derived from Article II, section 1 of the America constitution specifies that the president has the executive power "He shall take care that the laws be faithfully executed”.... Executive orders in my perception are controversial because the through the executive order the president can make a major critical decision....
4 Pages (1000 words) Essay

Obama's Decision-Making

Political scientists who keenly study presidential decision-making techniques have ended up considering numerous factors as central to understanding White House organization and the process; the extent of multiple advocacies, the extent of centralization, and the application of honest brokers in managing advice to the president.... However, the president did not appoint honest brokers but opted to control policymaking details on his own.... military attack on Cuba (Stuckey 554)....
5 Pages (1250 words) Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us