Does the President have the legal authority to wage war without Congressional authority?

1. Does the President have the legal authority to wage war without Congressional authority? Chapter 14 & handout

2. Write FRQ • You have 20 minutes to complete FRQ. Label question correctly. • One point is built in for your plan. (7 x 2 +1=15 points total) • Peer Score and discuss. • Collect.

3. Review of Document Analysis • Review executive orders. • Review: • Why are executive orders often issued? • What formal and informal powers allow the President to enact them? Cite language. • What do these orders actually do? • What is the response of Congress? SCOTUS? • What do executive orders say about Presidential authority?

4. Historical Context • Article I, section 8, clause 11 gives Congress the authority to declare war. • Article II, section 2, clause 1 gives the President the authority to be the commander in chief of the army, navy & militia. • Historically, how have these checks and balances caused conflict?

5. The War Powers Resolution • WP Resolution was passed by 2/3 of Congress, overriding a presidential veto in 1973. • Requires the President to notify Congress within 48 hours of committing armed forces to military action • Forbids armed forces from remaining for more than 60 days, with a further 30 day withdrawal period, without authorization of the use of military force or declaration of war. • Never formally tested before SCOTUS; some rulings have implied that it may be unconstitutional. (INS v. Chadha)

6. Yes—The President has Legal Authority • Allows quick decision-making • Use by Presidents has been successful throughout our history— • Troops deployed over 100 times • War declared only five times • Allows President to “Take Care” in times of National Security • Constitution doesn’t explicitly forbid it. • Supreme Court has agreed.

7. Yes—The President has Legal Authority (Continued) • Granted by the War Powers Resolution, Section 2. • Constitution grants President powers as both Commander in Chief AND Chief Diplomat. • Actions almost always have Congressional support as justification.

8. No—The President does not have Legal Authority • Constitution grants “power of purse” to Congress. • Constitution expressly (and solely) grants power to declare war to Congress. • UN & NATO treaties take precedent over Presidential wishes in the global picture. • Acting alone without ally approval can isolate the US and hurt opinion worldwide.

9. No—The President does not have Legal Authority (Continued) • Without a Congressional declaration of war, the HOR is completely left out of international conflict. Closest to people. • Unchecked the President can become too powerful and abuses will happen (Abu Grave prison scandal, Guantanamo Bay, etc.)

10. PHILOSOPHICAL CHAIRS Does the President have legal authority to wage war without Congressional authority? No! Yes!

11. So…How Powerful is the President? • What powers make the President strong? List all that you can think of! • What factors make the President weak? List all that you can think of! • Which is the biggest hindrance to his power: Congress or the Supreme Court? Give examples to support! • So which branch is more powerful: Legislative or Executive? Explain.