FUTURE WAR AND THE WAR POWERS RESOLUTION
In: Emory International Law Review, Jg. 29 (2015), S. 499
Online
academicJournal
Introduction As United States President Barack Obama contemplated taking military action against Syria in the wake of alleged chemical attacks, he stated that he had authority to do so without Congressional approval. 1 However, after deciding to consult Congress, he was told that the wording of any resolution that would receive Congressional approval would have to be narrowly tailored, limiting the use of armed forces both in time and type. 2 In fact, Senator John McCain threatened that if President Obama were to put "boots on the ground" in Syria, he would face impeachment. 3 These preconditions for Congressional approval invoke the traditional tension between Congress's constitutional power to "declare war" 4 on one hand and the Executive's foreign affairs power and the President's role as Commander in Chief on the other. 5 The debate is not new. Books, 6 judicial opinions, 7 commission reports, 8 law reviews, 9 and newspapers 10 regularly discuss this tension between Congress and the President on the use of military force. The debate has been characterized by what seems to be an ever-increasing adventurism by the President and an ever-decreasing willingness to exert power by the Congress. 11 Perhaps the last show of real strength in the debate from Congress came in the immediate aftermath of the Vietnam War. 12 With the President in crisis, 13 Congress passed a joint resolution that became known as the War Powers Resolution (WPR). 14 It was intended to re-exert Congress's power over war making and ...
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FUTURE WAR AND THE WAR POWERS RESOLUTION
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Autor/in / Beteiligte Person: | Jensen, Eric Talbot |
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Zeitschrift: | Emory International Law Review, Jg. 29 (2015), S. 499 |
Veröffentlichung: | 2015 |
Medientyp: | academicJournal |
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