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Old 08-31-2013, 09:17 PM
Bonnie Bonnie is offline
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Join Date: Jan 2009
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Originally Posted by Tyburn View Post

The US President doesnt need Congress to authorise war
Article 1, Section 8 of the Constitution grants Congress, not the President, the power to declare war, but Article 2, Section 2 gives the President power as Commander in Chief over our armed forces.

Article 2 of the Constitution:

Section 2: Presidential powers

Clause 1: Command of military; Opinions of cabinet secretaries; Pardons[edit source]

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

The President is the military's commander-in-chief; however Article One gives Congress and not the President the exclusive right to declare war. Presidents have often deployed troops with Congressional authorization, but without an explicit declaration of war. According to historian Thomas Woods, "Ever since the Korean War, Article II, Section 2 of the Constitution — which refers to the president as the 'Commander in Chief of the Army and Navy of the United States' — has been interpreted to mean that the president may act with an essentially free hand in foreign affairs, or at the very least that he may send men into battle without consulting Congress."[4] Since World War II, every major military action has been technically a U.S. military operation or a U.N. "police action", which are deemed legally legitimate by Congress, and various United Nations Resolutions because of decisions such as the Gulf of Tonkin Resolution or the Authorization for Use of Force.

Last edited by Bonnie; 08-31-2013 at 09:27 PM.
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