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Presidential War Powers Resolution: The Sword of Authority

Explore the President's ultimate authority over military matters, the historical perspective, and the Congress's role in authorizing military actions. Learn about key resolutions like 1990, Post 9/11, and 2002. Understand the constitutional framework and controversies surrounding the use of military force.

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Presidential War Powers Resolution: The Sword of Authority

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  1. War Powers Resolution

  2. Commander in Chief • Over the military • President ultimate decision maker in military matters • Only one who can order use of nuclear force

  3. Power of the Sword • Founding Fathers Intentions • Historical Perspective • President Owns Power of the Sword • Why Congress has allowed this

  4. War Powers Resolution • President can only put troops in… • Congress has formally declared war • Congress has given specific authority (law or resolution) • National emergency/attack on the U.S.

  5. War Powers Resolution • President within 48 hours must report to Congress • Why it was necessary • By what constitutional/legislative authority • Establish scope and duration

  6. War Powers Resolution • Pres. Must remove troops w/in 60 days unless… • Congress has declared war or passed law or resolution authorizing it • Congress has extended 60 day period • Congress is physically unable to meet

  7. War Powers Resolution • Arguments against… • Unconstitutional • Undermines Foreign Policy • Ability to act decisively/convincingly • Ability to negotiate peace

  8. Power of the Sword and the Bushes • 1990 Resolution • Post 9/11 Resolution • 2002 Resolution

  9. 1990 Resolution • Congress authorized force to remove Iraqi military forces from Kuwait • Prior to using force president must try to resolve the conflict thru diplomatic & peaceful means

  10. Post 9/11 Resolution • Broad, sweeping authorization • …to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorists attacks on 911. • See Pg. 52 of C.T. Book for full text

  11. 2002 Resolution • Congress authorized the president to use military force against Iraq • Only if president thought that only war could protect the U.S. • Use of force was consistent with the war on terrorism

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