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... In Article I, Section 8 of the Constitution it is stated that “The Congress shall have Power…To Declare War” (U. ... Legally, each branch of government may have no more power than that which is authorized by the Constitution. ... In 1793, James Madison wrote that it is necessary to stick to the “fundamental doctrine of the Constitution that the power to declare war is fully and exclusively vested in the legislature” (Bandow). ... “Also, the power to declare war is related to the power to pass legislation” (Foldvary). ... But the Constitution states that Congress has the power to pass legislation and that the President may veto a law passed by Congress. ... Constitution is a “living” document that should not be interpreted so strictly, the purpose of the Constitution is to restrain the power of government. ... In the current “War on Terror,” Congress relinquished its power by letting the President decide whether or not to start hostilities. ...
Moreover, the War Powers Act of 1973 describes the joint power of Congress and the President over issues involving war, in which each branch consults with the other during the entire period of war. ... “But this act was illegal because it was passed by joint resolution rather than by the individual chambers of Congress, and it unconstitutionally delegates power to the President” (Foldvary). ... The Constitution states that the power of the judicial branch shall extend to all cases concerning various issues. ... Bush) challenging the President’s power to wage war against Iraq without explicit congressional authorization. ... The suggestion that the president should have unilateral power to make war was decisively disapproved at the Constitutional Convention of 1787.
Approximate Word count = 1323
Approximate Pages = 5.3
(250 words per page double spaced)
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