The War Powers Act

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The War Powers Act The farmers of our Constitution recognized the need for separate powers as well as checks and balances among the executive, legislative and judicial branches. This in turn helps to "provide for the common defense". Separation of powers prevents one branch from becoming excessively dominant over the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare and secure the blessings of liberty to ourselves and our Posterity, do ordain and establish this Constitution of the United States of America.: In order to accede to the preamble and adhere in its goals, the Constitution ensures this is by clearly stating the authority of the Congress in Article I Section 8 and the authority of the President in Article II Section 2. These fixed powers in the Constitution clearly state that one cannot act without permission or authorization of another. It is designed to that one cannot take action without consent of the other branch. This is prevalent in Article I Section 7 that states the process of how a law is passed. The fact that there are clear steps to the initiation of a law states the importance of separation of powers so that a single dominant branch does not arise. One of the biggest debated concerning the separation of powers it the attempt to determine which branch has the constitutional authority to undertake the involvement of war. This brings us to the argument of the constitutionality of the War Powers Resolution passed by congress in 1973 in effort to balance powers between congress and the president. Section 3 of the War Powers Resolution act states: "The President in every possible instance... ... middle of paper ... ... terms of balanced separation of powers is met in the War Powers Resolution. The congressional power to declare war was meant as one of several checks on the President's authority over the use of American military forces. The War Powers Resolution helped to restore war power balance between the president and congress. Further, it is a practical restraint on the presidential use of armed forces and an appropriate mechanism for the president and the congress to share in decisions pertaining to involvement in war. The War Powers Resolution does not violate the constitution; rather if reflect the objective of sharing powers between legislative and the executive. It helps curb abuse of power performed by any of the branches. Thus, the War Powers Resolution is in compliance with the Constitutional roles of congress and the executive branches. (RushKoff, 1344-1346)

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