Can the U.S. president make military decisions without consulting anyone?What do “adhering” and “aid and comfort” mean in the context of the United States treason?Could the President of the United States refuse to wage a war Congress declared?Can the POTUS be impeached for gross incompetence?Can a US President declare a “State of Emergency”?Why do the veto power and executive orders combined not make the US President a monarch?Is there a legal way that can be used to force the President of United States undergo a mental health examination?If one party controls the house and 2/3 of the senate, what's to stop them taking the presidency?Does a (US) presidential proclamation have a time limit?
When does removing Goblin Warchief affect its cost reduction ability?
Nanomachines exist that enable Axolotl-levels of regeneration - So how can crippling injuries exist as well?
How to deal with my team leader who keeps calling me about project updates even though I am on leave for personal reasons?
The 100 soldier problem
Wired to Wireless Doorbell
Do the villains know Batman has no superpowers?
What are these pixel-level discolored specks? How can I fix it?
What do these pins mean? Where should I plug them in?
Gas leaking in base of new gas range?
What is the need of methods like GET and POST in the HTTP protocol?
Algorithm that spans orthogonal vectors: Python
What was the deeper meaning of Hermione wanting the cloak?
Can the U.S. president make military decisions without consulting anyone?
Hiking with a mule or two?
Runaway-argument error message when line break occurs inside argument of a macro
How to create a grid following points in QGIS?
Minimize taxes now that I earn more
Leaving a job that I just took based on false promise of a raise. What do I tell future interviewers?
Circle divided by lines between a blue dots
Cheap antenna for new HF HAM
Escape the labyrinth!
GitHub repo with Apache License version 2 in package.json, but no full license copy nor comment headers
Is It Possible to Have Different Sea Levels, Eventually Causing New Landforms to Appear?
Safely hang a mirror that does not have hooks
Can the U.S. president make military decisions without consulting anyone?
What do “adhering” and “aid and comfort” mean in the context of the United States treason?Could the President of the United States refuse to wage a war Congress declared?Can the POTUS be impeached for gross incompetence?Can a US President declare a “State of Emergency”?Why do the veto power and executive orders combined not make the US President a monarch?Is there a legal way that can be used to force the President of United States undergo a mental health examination?If one party controls the house and 2/3 of the senate, what's to stop them taking the presidency?Does a (US) presidential proclamation have a time limit?
.everyoneloves__top-leaderboard:empty,.everyoneloves__mid-leaderboard:empty,.everyoneloves__bot-mid-leaderboard:empty margin-bottom:0;
Looking on Wikipedia, we learn that:
It is generally agreed that the commander-in-chief role gives the
President power to repel attacks against the United States[3][4] and
makes the President responsible for leading the armed forces. The
President has the right to sign or veto congressional acts, such as a
declaration of war, and Congress may override any such presidential
veto. Additionally, when the president's actions (or inactions)
provide "Aid and Comfort" to enemies or levy war against the United
States, then Congress has the power to impeach and remove (convict)
the president for treason. For actions short of treason, they can
remove the president for "Bribery, or other high Crimes and
Misdemeanors", the definition of which the Supreme Court has left up
to Congress. Therefore, the war power was intentionally split between
Congress and the Executive to prevent unilateral executive action that
is contrary to the wishes of Congress.
But the question is if the President can make direct orders without consulting any of his general through a phone call. For example, can the President order the U.S. military to launch a bomb against Canada without any reason? It is not explicitly stated if he can do so, but it seems that he can, but risk being impeached for such random and foolish decisions.
united-states president military
New contributor
add a comment
|
Looking on Wikipedia, we learn that:
It is generally agreed that the commander-in-chief role gives the
President power to repel attacks against the United States[3][4] and
makes the President responsible for leading the armed forces. The
President has the right to sign or veto congressional acts, such as a
declaration of war, and Congress may override any such presidential
veto. Additionally, when the president's actions (or inactions)
provide "Aid and Comfort" to enemies or levy war against the United
States, then Congress has the power to impeach and remove (convict)
the president for treason. For actions short of treason, they can
remove the president for "Bribery, or other high Crimes and
Misdemeanors", the definition of which the Supreme Court has left up
to Congress. Therefore, the war power was intentionally split between
Congress and the Executive to prevent unilateral executive action that
is contrary to the wishes of Congress.
But the question is if the President can make direct orders without consulting any of his general through a phone call. For example, can the President order the U.S. military to launch a bomb against Canada without any reason? It is not explicitly stated if he can do so, but it seems that he can, but risk being impeached for such random and foolish decisions.
united-states president military
New contributor
add a comment
|
Looking on Wikipedia, we learn that:
It is generally agreed that the commander-in-chief role gives the
President power to repel attacks against the United States[3][4] and
makes the President responsible for leading the armed forces. The
President has the right to sign or veto congressional acts, such as a
declaration of war, and Congress may override any such presidential
veto. Additionally, when the president's actions (or inactions)
provide "Aid and Comfort" to enemies or levy war against the United
States, then Congress has the power to impeach and remove (convict)
the president for treason. For actions short of treason, they can
remove the president for "Bribery, or other high Crimes and
Misdemeanors", the definition of which the Supreme Court has left up
to Congress. Therefore, the war power was intentionally split between
Congress and the Executive to prevent unilateral executive action that
is contrary to the wishes of Congress.
But the question is if the President can make direct orders without consulting any of his general through a phone call. For example, can the President order the U.S. military to launch a bomb against Canada without any reason? It is not explicitly stated if he can do so, but it seems that he can, but risk being impeached for such random and foolish decisions.
united-states president military
New contributor
Looking on Wikipedia, we learn that:
It is generally agreed that the commander-in-chief role gives the
President power to repel attacks against the United States[3][4] and
makes the President responsible for leading the armed forces. The
President has the right to sign or veto congressional acts, such as a
declaration of war, and Congress may override any such presidential
veto. Additionally, when the president's actions (or inactions)
provide "Aid and Comfort" to enemies or levy war against the United
States, then Congress has the power to impeach and remove (convict)
the president for treason. For actions short of treason, they can
remove the president for "Bribery, or other high Crimes and
Misdemeanors", the definition of which the Supreme Court has left up
to Congress. Therefore, the war power was intentionally split between
Congress and the Executive to prevent unilateral executive action that
is contrary to the wishes of Congress.
But the question is if the President can make direct orders without consulting any of his general through a phone call. For example, can the President order the U.S. military to launch a bomb against Canada without any reason? It is not explicitly stated if he can do so, but it seems that he can, but risk being impeached for such random and foolish decisions.
united-states president military
united-states president military
New contributor
New contributor
edited 8 hours ago
JJJ
13.2k4 gold badges43 silver badges82 bronze badges
13.2k4 gold badges43 silver badges82 bronze badges
New contributor
asked 8 hours ago
VOXuserVOXuser
311 bronze badge
311 bronze badge
New contributor
New contributor
add a comment
|
add a comment
|
2 Answers
2
active
oldest
votes
US soldiers swear to follow orders which are legal according to the Uniform Code of Military Justice, and are explicitly disallowed from following orders which are unlawful. Any Presidential power to use troops has to come from an Act of Congress per Article 1, Section 8, Clause 11 of the US Constitution
[The Congress shall have the Power] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water
Congress has already granted the President broad power to use troops offensively without prior consent through the War Powers Resolution, but has also ratified membership in the NATO, which Canada is also a member of and almost certainly includes a provision against members attacking each other. Ratified treaties have equivalent power to an Act of Congress, so an officer would probably be justified in refusing to follow an order to attack Canada unprovoked without Congressional approval.
The Constitutionality of the War Powers Resolution is disputed by scholars, especially the effective blanket approval for military action without specific authorization from Congress. However, President is not legally required to consult with anyone prior to ordering a military action in general, and the legality of such an action would be determined after it was ordered - put differently, the President doesn't have to prove an order is legal before giving it, it's up to the military to refuse to follow it if it is unlawful.
"Any Presidential power ..." Needs citation and expansion. Most presidential scholars would tend to disagree
– K Dog
5 hours ago
In fact a plurality of Const scholars hold that the War Powers Act is itself unconstitutional, although that's never been tested. Obama, e.g., repeatedly violated the reporting requirements in Libya
– K Dog
4 hours ago
NATO "includes a provision against members attacking each other". That would probably be a good separate question given what Turkey and Greece (both NATO members) did sometimes... vice.com/en_us/article/7x5x3q/… but also en.wikipedia.org/wiki/1974_Cypriot_coup_d%27%C3%A9tat
– Fizz
1 hour ago
add a comment
|
Yes and no.
The War Powers Resolution (sometimes known as the War Powers Act) is supposed to limit it.
The War Powers 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 for use of military force (AUMF) or a declaration of war by the United States. The resolution was passed by two-thirds of each of the House and Senate, overriding the veto of the bill from President Nixon.
In theory, it limits the unilateral war actions of the President beyond 60 days. In practice, it has not really changed anything. Every President has violated the WPA since its passage, with all of them (both parties) believing it too be unconstitutional. Even Obama, who endlessly praised it
President Obama, in defending the legitimacy of the Libyan operation, hasn’t actually made that argument. On Wednesday, he submitted a report to Congress arguing that his administration isn’t in violation of the act at all, despite the fact that the 60-day deadline for congressional approval of Libya operations came and went in May.
President Obama is far from alone in finding creative ways around the War Powers Act. As the New York Times has noted, the Clinton administration continued the bombing campaign in Kosovo past the 60-day deadline, arguing that Congress had implicitly approved the mission when it approved funding for it. (The Act specifically says that funding doesn’t constitute authorization, the Times notes. And Obama wouldn’t be able to use that reasoning anyway—the administration is using existing funds for the Libya mission.)
Does that mean the President is not constrained by Congress at all? Hardly. As the House notes, they still hold the power of the purse
Congress—and in particular, the House of Representatives—is invested with the “power of the purse,” the ability to tax and spend public money for the national government.
Let's say a President tried to start a war without Congress. They would quickly find out the military did not have funding to run the war for very long. As a result, the military would be hamstrung in operating without funds. It would not bode well for anyone to be squabbling politically while troops were deployed to a military theater, but at that point, the war would become a direct political question. If people felt the war should not be pursued, they could elect people who would refuse to fund it. If people felt the President was right, they could vote people in who would fund it.
Let's finish this by talking about this hypothetical bombing of Canada. Without a good reason, the President would quickly find themselves on the losing end of public opinion (neither party would tolerate a direct act of aggression), and possibly facing impeachment.
There are many military acts between all out war and smaller acts. This answer would benefit from exploring that, as well as the unitary executive. But + 1 for examination of WPA, which most scholars find unconstitutional in any event, (but it is a law, your own link says so in the first sentence)
– K Dog
3 hours ago
Also, military protocol surrounding determination if the President is under duress would be a good point to add.
– K Dog
3 hours ago
add a comment
|
Your Answer
StackExchange.ready(function()
var channelOptions =
tags: "".split(" "),
id: "475"
;
initTagRenderer("".split(" "), "".split(" "), channelOptions);
StackExchange.using("externalEditor", function()
// Have to fire editor after snippets, if snippets enabled
if (StackExchange.settings.snippets.snippetsEnabled)
StackExchange.using("snippets", function()
createEditor();
);
else
createEditor();
);
function createEditor()
StackExchange.prepareEditor(
heartbeatType: 'answer',
autoActivateHeartbeat: false,
convertImagesToLinks: false,
noModals: true,
showLowRepImageUploadWarning: true,
reputationToPostImages: null,
bindNavPrevention: true,
postfix: "",
imageUploader:
brandingHtml: "Powered by u003ca class="icon-imgur-white" href="https://imgur.com/"u003eu003c/au003e",
contentPolicyHtml: "User contributions licensed under u003ca href="https://creativecommons.org/licenses/by-sa/4.0/"u003ecc by-sa 4.0 with attribution requiredu003c/au003e u003ca href="https://stackoverflow.com/legal/content-policy"u003e(content policy)u003c/au003e",
allowUrls: true
,
noCode: true, onDemand: true,
discardSelector: ".discard-answer"
,immediatelyShowMarkdownHelp:true
);
);
VOXuser is a new contributor. Be nice, and check out our Code of Conduct.
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
StackExchange.ready(
function ()
StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2fpolitics.stackexchange.com%2fquestions%2f45657%2fcan-the-u-s-president-make-military-decisions-without-consulting-anyone%23new-answer', 'question_page');
);
Post as a guest
Required, but never shown
2 Answers
2
active
oldest
votes
2 Answers
2
active
oldest
votes
active
oldest
votes
active
oldest
votes
US soldiers swear to follow orders which are legal according to the Uniform Code of Military Justice, and are explicitly disallowed from following orders which are unlawful. Any Presidential power to use troops has to come from an Act of Congress per Article 1, Section 8, Clause 11 of the US Constitution
[The Congress shall have the Power] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water
Congress has already granted the President broad power to use troops offensively without prior consent through the War Powers Resolution, but has also ratified membership in the NATO, which Canada is also a member of and almost certainly includes a provision against members attacking each other. Ratified treaties have equivalent power to an Act of Congress, so an officer would probably be justified in refusing to follow an order to attack Canada unprovoked without Congressional approval.
The Constitutionality of the War Powers Resolution is disputed by scholars, especially the effective blanket approval for military action without specific authorization from Congress. However, President is not legally required to consult with anyone prior to ordering a military action in general, and the legality of such an action would be determined after it was ordered - put differently, the President doesn't have to prove an order is legal before giving it, it's up to the military to refuse to follow it if it is unlawful.
"Any Presidential power ..." Needs citation and expansion. Most presidential scholars would tend to disagree
– K Dog
5 hours ago
In fact a plurality of Const scholars hold that the War Powers Act is itself unconstitutional, although that's never been tested. Obama, e.g., repeatedly violated the reporting requirements in Libya
– K Dog
4 hours ago
NATO "includes a provision against members attacking each other". That would probably be a good separate question given what Turkey and Greece (both NATO members) did sometimes... vice.com/en_us/article/7x5x3q/… but also en.wikipedia.org/wiki/1974_Cypriot_coup_d%27%C3%A9tat
– Fizz
1 hour ago
add a comment
|
US soldiers swear to follow orders which are legal according to the Uniform Code of Military Justice, and are explicitly disallowed from following orders which are unlawful. Any Presidential power to use troops has to come from an Act of Congress per Article 1, Section 8, Clause 11 of the US Constitution
[The Congress shall have the Power] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water
Congress has already granted the President broad power to use troops offensively without prior consent through the War Powers Resolution, but has also ratified membership in the NATO, which Canada is also a member of and almost certainly includes a provision against members attacking each other. Ratified treaties have equivalent power to an Act of Congress, so an officer would probably be justified in refusing to follow an order to attack Canada unprovoked without Congressional approval.
The Constitutionality of the War Powers Resolution is disputed by scholars, especially the effective blanket approval for military action without specific authorization from Congress. However, President is not legally required to consult with anyone prior to ordering a military action in general, and the legality of such an action would be determined after it was ordered - put differently, the President doesn't have to prove an order is legal before giving it, it's up to the military to refuse to follow it if it is unlawful.
"Any Presidential power ..." Needs citation and expansion. Most presidential scholars would tend to disagree
– K Dog
5 hours ago
In fact a plurality of Const scholars hold that the War Powers Act is itself unconstitutional, although that's never been tested. Obama, e.g., repeatedly violated the reporting requirements in Libya
– K Dog
4 hours ago
NATO "includes a provision against members attacking each other". That would probably be a good separate question given what Turkey and Greece (both NATO members) did sometimes... vice.com/en_us/article/7x5x3q/… but also en.wikipedia.org/wiki/1974_Cypriot_coup_d%27%C3%A9tat
– Fizz
1 hour ago
add a comment
|
US soldiers swear to follow orders which are legal according to the Uniform Code of Military Justice, and are explicitly disallowed from following orders which are unlawful. Any Presidential power to use troops has to come from an Act of Congress per Article 1, Section 8, Clause 11 of the US Constitution
[The Congress shall have the Power] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water
Congress has already granted the President broad power to use troops offensively without prior consent through the War Powers Resolution, but has also ratified membership in the NATO, which Canada is also a member of and almost certainly includes a provision against members attacking each other. Ratified treaties have equivalent power to an Act of Congress, so an officer would probably be justified in refusing to follow an order to attack Canada unprovoked without Congressional approval.
The Constitutionality of the War Powers Resolution is disputed by scholars, especially the effective blanket approval for military action without specific authorization from Congress. However, President is not legally required to consult with anyone prior to ordering a military action in general, and the legality of such an action would be determined after it was ordered - put differently, the President doesn't have to prove an order is legal before giving it, it's up to the military to refuse to follow it if it is unlawful.
US soldiers swear to follow orders which are legal according to the Uniform Code of Military Justice, and are explicitly disallowed from following orders which are unlawful. Any Presidential power to use troops has to come from an Act of Congress per Article 1, Section 8, Clause 11 of the US Constitution
[The Congress shall have the Power] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water
Congress has already granted the President broad power to use troops offensively without prior consent through the War Powers Resolution, but has also ratified membership in the NATO, which Canada is also a member of and almost certainly includes a provision against members attacking each other. Ratified treaties have equivalent power to an Act of Congress, so an officer would probably be justified in refusing to follow an order to attack Canada unprovoked without Congressional approval.
The Constitutionality of the War Powers Resolution is disputed by scholars, especially the effective blanket approval for military action without specific authorization from Congress. However, President is not legally required to consult with anyone prior to ordering a military action in general, and the legality of such an action would be determined after it was ordered - put differently, the President doesn't have to prove an order is legal before giving it, it's up to the military to refuse to follow it if it is unlawful.
edited 3 hours ago
answered 6 hours ago
IllusiveBrianIllusiveBrian
5,6741 gold badge15 silver badges26 bronze badges
5,6741 gold badge15 silver badges26 bronze badges
"Any Presidential power ..." Needs citation and expansion. Most presidential scholars would tend to disagree
– K Dog
5 hours ago
In fact a plurality of Const scholars hold that the War Powers Act is itself unconstitutional, although that's never been tested. Obama, e.g., repeatedly violated the reporting requirements in Libya
– K Dog
4 hours ago
NATO "includes a provision against members attacking each other". That would probably be a good separate question given what Turkey and Greece (both NATO members) did sometimes... vice.com/en_us/article/7x5x3q/… but also en.wikipedia.org/wiki/1974_Cypriot_coup_d%27%C3%A9tat
– Fizz
1 hour ago
add a comment
|
"Any Presidential power ..." Needs citation and expansion. Most presidential scholars would tend to disagree
– K Dog
5 hours ago
In fact a plurality of Const scholars hold that the War Powers Act is itself unconstitutional, although that's never been tested. Obama, e.g., repeatedly violated the reporting requirements in Libya
– K Dog
4 hours ago
NATO "includes a provision against members attacking each other". That would probably be a good separate question given what Turkey and Greece (both NATO members) did sometimes... vice.com/en_us/article/7x5x3q/… but also en.wikipedia.org/wiki/1974_Cypriot_coup_d%27%C3%A9tat
– Fizz
1 hour ago
"Any Presidential power ..." Needs citation and expansion. Most presidential scholars would tend to disagree
– K Dog
5 hours ago
"Any Presidential power ..." Needs citation and expansion. Most presidential scholars would tend to disagree
– K Dog
5 hours ago
In fact a plurality of Const scholars hold that the War Powers Act is itself unconstitutional, although that's never been tested. Obama, e.g., repeatedly violated the reporting requirements in Libya
– K Dog
4 hours ago
In fact a plurality of Const scholars hold that the War Powers Act is itself unconstitutional, although that's never been tested. Obama, e.g., repeatedly violated the reporting requirements in Libya
– K Dog
4 hours ago
NATO "includes a provision against members attacking each other". That would probably be a good separate question given what Turkey and Greece (both NATO members) did sometimes... vice.com/en_us/article/7x5x3q/… but also en.wikipedia.org/wiki/1974_Cypriot_coup_d%27%C3%A9tat
– Fizz
1 hour ago
NATO "includes a provision against members attacking each other". That would probably be a good separate question given what Turkey and Greece (both NATO members) did sometimes... vice.com/en_us/article/7x5x3q/… but also en.wikipedia.org/wiki/1974_Cypriot_coup_d%27%C3%A9tat
– Fizz
1 hour ago
add a comment
|
Yes and no.
The War Powers Resolution (sometimes known as the War Powers Act) is supposed to limit it.
The War Powers 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 for use of military force (AUMF) or a declaration of war by the United States. The resolution was passed by two-thirds of each of the House and Senate, overriding the veto of the bill from President Nixon.
In theory, it limits the unilateral war actions of the President beyond 60 days. In practice, it has not really changed anything. Every President has violated the WPA since its passage, with all of them (both parties) believing it too be unconstitutional. Even Obama, who endlessly praised it
President Obama, in defending the legitimacy of the Libyan operation, hasn’t actually made that argument. On Wednesday, he submitted a report to Congress arguing that his administration isn’t in violation of the act at all, despite the fact that the 60-day deadline for congressional approval of Libya operations came and went in May.
President Obama is far from alone in finding creative ways around the War Powers Act. As the New York Times has noted, the Clinton administration continued the bombing campaign in Kosovo past the 60-day deadline, arguing that Congress had implicitly approved the mission when it approved funding for it. (The Act specifically says that funding doesn’t constitute authorization, the Times notes. And Obama wouldn’t be able to use that reasoning anyway—the administration is using existing funds for the Libya mission.)
Does that mean the President is not constrained by Congress at all? Hardly. As the House notes, they still hold the power of the purse
Congress—and in particular, the House of Representatives—is invested with the “power of the purse,” the ability to tax and spend public money for the national government.
Let's say a President tried to start a war without Congress. They would quickly find out the military did not have funding to run the war for very long. As a result, the military would be hamstrung in operating without funds. It would not bode well for anyone to be squabbling politically while troops were deployed to a military theater, but at that point, the war would become a direct political question. If people felt the war should not be pursued, they could elect people who would refuse to fund it. If people felt the President was right, they could vote people in who would fund it.
Let's finish this by talking about this hypothetical bombing of Canada. Without a good reason, the President would quickly find themselves on the losing end of public opinion (neither party would tolerate a direct act of aggression), and possibly facing impeachment.
There are many military acts between all out war and smaller acts. This answer would benefit from exploring that, as well as the unitary executive. But + 1 for examination of WPA, which most scholars find unconstitutional in any event, (but it is a law, your own link says so in the first sentence)
– K Dog
3 hours ago
Also, military protocol surrounding determination if the President is under duress would be a good point to add.
– K Dog
3 hours ago
add a comment
|
Yes and no.
The War Powers Resolution (sometimes known as the War Powers Act) is supposed to limit it.
The War Powers 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 for use of military force (AUMF) or a declaration of war by the United States. The resolution was passed by two-thirds of each of the House and Senate, overriding the veto of the bill from President Nixon.
In theory, it limits the unilateral war actions of the President beyond 60 days. In practice, it has not really changed anything. Every President has violated the WPA since its passage, with all of them (both parties) believing it too be unconstitutional. Even Obama, who endlessly praised it
President Obama, in defending the legitimacy of the Libyan operation, hasn’t actually made that argument. On Wednesday, he submitted a report to Congress arguing that his administration isn’t in violation of the act at all, despite the fact that the 60-day deadline for congressional approval of Libya operations came and went in May.
President Obama is far from alone in finding creative ways around the War Powers Act. As the New York Times has noted, the Clinton administration continued the bombing campaign in Kosovo past the 60-day deadline, arguing that Congress had implicitly approved the mission when it approved funding for it. (The Act specifically says that funding doesn’t constitute authorization, the Times notes. And Obama wouldn’t be able to use that reasoning anyway—the administration is using existing funds for the Libya mission.)
Does that mean the President is not constrained by Congress at all? Hardly. As the House notes, they still hold the power of the purse
Congress—and in particular, the House of Representatives—is invested with the “power of the purse,” the ability to tax and spend public money for the national government.
Let's say a President tried to start a war without Congress. They would quickly find out the military did not have funding to run the war for very long. As a result, the military would be hamstrung in operating without funds. It would not bode well for anyone to be squabbling politically while troops were deployed to a military theater, but at that point, the war would become a direct political question. If people felt the war should not be pursued, they could elect people who would refuse to fund it. If people felt the President was right, they could vote people in who would fund it.
Let's finish this by talking about this hypothetical bombing of Canada. Without a good reason, the President would quickly find themselves on the losing end of public opinion (neither party would tolerate a direct act of aggression), and possibly facing impeachment.
There are many military acts between all out war and smaller acts. This answer would benefit from exploring that, as well as the unitary executive. But + 1 for examination of WPA, which most scholars find unconstitutional in any event, (but it is a law, your own link says so in the first sentence)
– K Dog
3 hours ago
Also, military protocol surrounding determination if the President is under duress would be a good point to add.
– K Dog
3 hours ago
add a comment
|
Yes and no.
The War Powers Resolution (sometimes known as the War Powers Act) is supposed to limit it.
The War Powers 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 for use of military force (AUMF) or a declaration of war by the United States. The resolution was passed by two-thirds of each of the House and Senate, overriding the veto of the bill from President Nixon.
In theory, it limits the unilateral war actions of the President beyond 60 days. In practice, it has not really changed anything. Every President has violated the WPA since its passage, with all of them (both parties) believing it too be unconstitutional. Even Obama, who endlessly praised it
President Obama, in defending the legitimacy of the Libyan operation, hasn’t actually made that argument. On Wednesday, he submitted a report to Congress arguing that his administration isn’t in violation of the act at all, despite the fact that the 60-day deadline for congressional approval of Libya operations came and went in May.
President Obama is far from alone in finding creative ways around the War Powers Act. As the New York Times has noted, the Clinton administration continued the bombing campaign in Kosovo past the 60-day deadline, arguing that Congress had implicitly approved the mission when it approved funding for it. (The Act specifically says that funding doesn’t constitute authorization, the Times notes. And Obama wouldn’t be able to use that reasoning anyway—the administration is using existing funds for the Libya mission.)
Does that mean the President is not constrained by Congress at all? Hardly. As the House notes, they still hold the power of the purse
Congress—and in particular, the House of Representatives—is invested with the “power of the purse,” the ability to tax and spend public money for the national government.
Let's say a President tried to start a war without Congress. They would quickly find out the military did not have funding to run the war for very long. As a result, the military would be hamstrung in operating without funds. It would not bode well for anyone to be squabbling politically while troops were deployed to a military theater, but at that point, the war would become a direct political question. If people felt the war should not be pursued, they could elect people who would refuse to fund it. If people felt the President was right, they could vote people in who would fund it.
Let's finish this by talking about this hypothetical bombing of Canada. Without a good reason, the President would quickly find themselves on the losing end of public opinion (neither party would tolerate a direct act of aggression), and possibly facing impeachment.
Yes and no.
The War Powers Resolution (sometimes known as the War Powers Act) is supposed to limit it.
The War Powers 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 for use of military force (AUMF) or a declaration of war by the United States. The resolution was passed by two-thirds of each of the House and Senate, overriding the veto of the bill from President Nixon.
In theory, it limits the unilateral war actions of the President beyond 60 days. In practice, it has not really changed anything. Every President has violated the WPA since its passage, with all of them (both parties) believing it too be unconstitutional. Even Obama, who endlessly praised it
President Obama, in defending the legitimacy of the Libyan operation, hasn’t actually made that argument. On Wednesday, he submitted a report to Congress arguing that his administration isn’t in violation of the act at all, despite the fact that the 60-day deadline for congressional approval of Libya operations came and went in May.
President Obama is far from alone in finding creative ways around the War Powers Act. As the New York Times has noted, the Clinton administration continued the bombing campaign in Kosovo past the 60-day deadline, arguing that Congress had implicitly approved the mission when it approved funding for it. (The Act specifically says that funding doesn’t constitute authorization, the Times notes. And Obama wouldn’t be able to use that reasoning anyway—the administration is using existing funds for the Libya mission.)
Does that mean the President is not constrained by Congress at all? Hardly. As the House notes, they still hold the power of the purse
Congress—and in particular, the House of Representatives—is invested with the “power of the purse,” the ability to tax and spend public money for the national government.
Let's say a President tried to start a war without Congress. They would quickly find out the military did not have funding to run the war for very long. As a result, the military would be hamstrung in operating without funds. It would not bode well for anyone to be squabbling politically while troops were deployed to a military theater, but at that point, the war would become a direct political question. If people felt the war should not be pursued, they could elect people who would refuse to fund it. If people felt the President was right, they could vote people in who would fund it.
Let's finish this by talking about this hypothetical bombing of Canada. Without a good reason, the President would quickly find themselves on the losing end of public opinion (neither party would tolerate a direct act of aggression), and possibly facing impeachment.
edited 2 hours ago
answered 4 hours ago
MachavityMachavity
19.3k7 gold badges60 silver badges92 bronze badges
19.3k7 gold badges60 silver badges92 bronze badges
There are many military acts between all out war and smaller acts. This answer would benefit from exploring that, as well as the unitary executive. But + 1 for examination of WPA, which most scholars find unconstitutional in any event, (but it is a law, your own link says so in the first sentence)
– K Dog
3 hours ago
Also, military protocol surrounding determination if the President is under duress would be a good point to add.
– K Dog
3 hours ago
add a comment
|
There are many military acts between all out war and smaller acts. This answer would benefit from exploring that, as well as the unitary executive. But + 1 for examination of WPA, which most scholars find unconstitutional in any event, (but it is a law, your own link says so in the first sentence)
– K Dog
3 hours ago
Also, military protocol surrounding determination if the President is under duress would be a good point to add.
– K Dog
3 hours ago
There are many military acts between all out war and smaller acts. This answer would benefit from exploring that, as well as the unitary executive. But + 1 for examination of WPA, which most scholars find unconstitutional in any event, (but it is a law, your own link says so in the first sentence)
– K Dog
3 hours ago
There are many military acts between all out war and smaller acts. This answer would benefit from exploring that, as well as the unitary executive. But + 1 for examination of WPA, which most scholars find unconstitutional in any event, (but it is a law, your own link says so in the first sentence)
– K Dog
3 hours ago
Also, military protocol surrounding determination if the President is under duress would be a good point to add.
– K Dog
3 hours ago
Also, military protocol surrounding determination if the President is under duress would be a good point to add.
– K Dog
3 hours ago
add a comment
|
VOXuser is a new contributor. Be nice, and check out our Code of Conduct.
VOXuser is a new contributor. Be nice, and check out our Code of Conduct.
VOXuser is a new contributor. Be nice, and check out our Code of Conduct.
VOXuser is a new contributor. Be nice, and check out our Code of Conduct.
Thanks for contributing an answer to Politics Stack Exchange!
- Please be sure to answer the question. Provide details and share your research!
But avoid …
- Asking for help, clarification, or responding to other answers.
- Making statements based on opinion; back them up with references or personal experience.
To learn more, see our tips on writing great answers.
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
StackExchange.ready(
function ()
StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2fpolitics.stackexchange.com%2fquestions%2f45657%2fcan-the-u-s-president-make-military-decisions-without-consulting-anyone%23new-answer', 'question_page');
);
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown