CongressionalExecutive Relations

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Congressional/Executive Relations

• War-Making Powers
• I do not hesitate to say that it is especially
  in the conduct of their foreign relations that
  democracies appear to me decidedly inferior to
  other governments
• Tocqueville

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Sharing of Power

• Congress (Article I, sect. 8)
• declare war, grant letters of marque and
  reprisals, and make rules concerning captures on
  land and water
• Appropriate money to the military
• Call forth militia to.repel invasions
• President
• Commander-in-Chief (Article II, sect. 2)

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5 Formal Declarations of War by Congress

• War of 1812 (1812-14) only time real
  debate and close vote
• Mexican War (1846-48)
• Spanish American War (1898)
• World War I (1917-18)
• World War II (1941-45)

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Use of Military Force

• Over 200 times military sent to foreign soil
• Since WWII, every President has sent forces into
  combat w/out specific congressional authorization

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2 Primary Justifications for Presidential Action

• Treaty Obligations
• Senate ratifies treaties
• Example Southeast Asia Treaty Organization
• Protecting American lives and property aboard
• Lebanon in 1958
• Dominican Republic in 1965
• Iranian rescue mission in 1980
• Lebanon and Grenada in 1983

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War Powers Act 1973

• Pres report in writing to Congress within 48
  hours after he introduces troops
• Within 60 days Congress must either declare war
  or provide specific statutory authority to
  continue
• If no congressional authorization, Pres must
  withdraw troops
• If Congress directs removal of US troops, Pres
  must comply

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War Powers Act

• At best, an awkward compromise
• All presidents have claimed law is
  unconstitutional
• Often Presidents report to Congress but note that
  they are not doing so b/c of WPA and are not
  giving up any of their constl power as
  C-in-Chief
• 1975 Ford Mayaguez
• 1982 Reagan - Lebanon

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War Powers Act

• Other times, Presidents have not formally
  reported to Congress
• 1981 Reagan sending military advisers to El
  Salvador
• 1987 Reagan sending military protection for oil
  tankers in Persian Gulf
• Court challenges by Members of Congress but
  courts have rejected the suits

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Gulf War - 1990

• Aug. 1990 Bush sent troops after Iraq invaded
  Kuwait
• Nov. 1990 significantly increased troops ½
  billion
• Nov. 29, 1990 UN resolution deadline use
  all necessary means to force Iraq to w/draw from
  Kuwait

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Gulf War - 1991

• Jan. 8, 1991 Bush requested Congress adopt a
  resolution stating that Congress supports the use
  of all necessary means to implement UN Security
  Council Res. 678
• Jan. 12th vote 3 days before UN deadline
• Senate 52-47
• House -- 250-183

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Gulf War 1991

• Constl debate over power to wage war still
  unsettled
• Some constl scholars see Bush request as
  acknowledgment that he lacked constl authority
  the Pres. Blinked
• Other say his request was not for constl
  authority but political authority

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Gulf War 1991

• Pres. Bush I dont think I need it.
• Sen. Mitchell Press request clearly
  acknowledged the need for congressional approval.
  The Const of US is not and cannot be
  subordinated to a UN resolution.
• This Gulf War not resolve question of proper
  balance b/w leg and exec re. war

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Iraq War 2003

• Another congressionally authorized military
  engagement
• H. Con Res. 114
• specific statutory authorization within the
  meaning of the War Powers Resolution
• Requires President to make periodic reports to
  Congress

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