- Published: September 15, 2022
- Updated: September 15, 2022
- University / College: Imperial College London
- Level: Secondary School
- Language: English
- Downloads: 29
Reading Respond#3 Congress has comprehensible military ity of the purse and declaration of warand the President is clearly identified as the Commander-and-Chief (Straub 1-2). These constitutional statements are mutually exclusive and are defended within the U. S. Constitution as a check and balance mechanism (The Founders Constitution 1). The Constitution does preserve definite war authorities for the President in its capacity as the commander-in-chief (Straub 1-2). It is clearly stated that the President is the commander in chief for both the Army and Navy of the U. S, and of the armed forces of the numerous states, when given the actual service of America and commission all the service personnel of the United States (The Founders Constitution 1). The separation of war powers within the U. S Constitution does not appear so uncertain. While the President is given some exclusive authorities (Straub 1-2), the immensity of the authority to take the country to war depends on Congress (Kinkopf 2).
According to U. S. Constitution, there is separation of powers of war. With Congress having the power to proclaim war, select and sustain the armed forces, and manage war funding (Article I, Section 8). At the time the Constitution was outlined (Kinkopf 2), the framers evaluated the singular willpower of the Executive against the Legislature’s consultative function, whose components would ultimately carry the cost of battle (The Founders Constitution 1).
The ultimate responsibility for any military engagement is held by the congress. This is clear as it is supported by the Supreme Court. The Supreme Court has been fast to remind the people that, where overlaps in the authorities given by the Constitution prevail, reverence goes to Congress. This is a clear declaration of Supreme Court that when Congress, acting in the vast aspects of overlapping authority, tells the President no, the President ought to comply (Kinkopf 2).
Works Cited
Kinkopf, Neil. The Congress as Surge Protector.” American Constitution Society for Law and Public Policy. http://www. acslaw. org/pdf/Kinkopf-Surge. pdf. 2009. pg. 2, Web accessed 24, April 2014.
Straub, Steve. Alexander Hamilton, Federalist Paper #69, On Command of the Army and Navy. On March 21, 2011. Accessed from http://www. thefederalistpapers. org/founders/hamilton/alexander-hamilton-federalist-paper-69-on-command-of-the-military
The Founders Constitution. Cato no. 4. Volume 3, Article 2, Section 1, Clause 1 http://presspubs. uchicago. edu/founders/documents/a2_1_1s6. html The University of Chicago Press