U.S. Constitution, Articles I and II: The Constitution is the fundamental document that outlines the separation of powers, including which branches of government hold specific powers regarding war and military actions. Article I, Section 8 grants Congress the power to declare war, raise and support armies, provide and maintain a navy, and make rules for the governance of military forces. Article II, Section 2 designates the President as Commander-in-Chief of the armed forces. Articles I and II
Federalist #70: This essay by Alexander Hamilton discusses the powers of the presidency, including comparing the president’s military powers to those of the British king and the governors of the states. The essay is critical for understanding the intentions of the framers regarding the scope of executive power. Primary Source Essentials Video for Federalist #70.
War Powers Resolution of 1973 (otherwise known as the War Powers Act of 1973): This is a key legislative measure passed by Congress that seeks to check the president’s power to commit the United States to an armed conflict without the consent of Congress. The resolution requires the president to notify Congress within 48 hours of committing armed forces to military action and forbids armed forces from remaining for more than 60 days, with a further 30-day withdrawal period, without a congressional authorization to use military force (AUMF) or a declaration of war by the United States. Document Link from the Richard Nixon Presidential Library and Museum.
The Constitution divides war powers between the president and Congress. The delegates to the Constitutional Convention were focused on creating a government powerful enough to protect liberty but not so powerful that it would threaten liberty. They worked carefully to craft the war powers of the new government, since they knew war would sometimes be necessary. But they also knew that history was full of examples of rulers using war as a way to abuse power and endanger liberty.
In this comprehensive lesson, students explore the complexities of presidential powers and the constitutional separation of powers through key historical and modern cases. They will analyze Abraham Lincoln’s suspension of habeas corpus during the Civil War; the U.S. Supreme Court’s ruling in Ex Parte Merryman; the Youngstown Sheet & Tube Co. v. Sawyer case on seizing private property, and the evolving legal landscape in the War on Terror. Through group readings and evaluations, students will deepen their understanding of how executive actions are checked by judicial decisions and constitutional mandates.
How has the president been able to decide when the United States goes to war without Congress deliberating and declaring war? In this video, Associate Professor of Political Science at Rochester Institute of Technology, Sarah Burns, discusses her new book, The Politics of War Powers: The Theory and History of Presidential Unilateralism. She answers questions like: What is the proper constitutional balance between the Congress and presidency when it comes to war powers? What might the remedy be for restoring the balance and the separation of powers?
Sample Questions to use with Discussion Protocols
You may use the following questions when discussing the war powers case studies with your students. Here are suggestions on how to lead discussions in your classroom: Discussion Protocols.
How has the role of the president in military decisions evolved from the founding of the United States to the present? What historical events or decisions can you identify that marked key shifts toward more unilateral actions by presidents?
The Constitution grants Congress the power to declare war, yet the president is the Commander-in-Chief of the military. Discuss how this division of powers can lead to conflicts or overlaps in authority. What are the potential risks and benefits of this arrangement?
Presidents often cite national security interests or existing legislative authorizations to justify unilateral military actions. How do broad interpretations of such authorizations affect the balance of power between Congress and the president? Provide examples where you think this has been helpful or harmful.
Considering the trend toward unilateralism, discuss the effectiveness of the U.S. system of checks and balances in the context of war powers. Are there adequate mechanisms in place to ensure that the president’s power is kept in check? Why or why not?– 3 Teacher Supports for War Powers Case Study
How does the ability of a president to act quickly in international conflicts benefit or harm the United States’ position globally? Discuss the implications of quick decision-making versus the process of seeking congressional approval.
Presidents acting without explicit congressional approval can bypass the representation of the people’s voice through their elected officials. What are the democratic implications of this trend? Discuss how this might affect public trust and the democratic process.
What are the benefits of Congress declaring war? Discuss why it is important to have congressional deliberation rather than unilateral action when weighing if war should be entered into.
