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Presidential usurpations of military power

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Throughout the last several decades the power of the presidency in relation to the other branches of government has grown enormously both at home and abroad. This research examines the recent expansion of presidential authority in send American troops into combat situations in foreign affairs. Presidential usurpations of military power will be discussed, with special attention given to the relevance and the constitutionality of the 1973 War Powers Act.

Presidential War Powers Surprise Congress

The United States is now well entrenched in attempting to aid the United Nations forces in Bosnia bring that region's conflict to a close. It is not at all clear whether the United Nations, even with American support, will succeed. And even if it appears that peace is at hand, it is not at all clear whether the ethnic factions in the former Yugoslav republic will remain at peace once the troops leave.

It is these uncertainties with military action in foreign affairs that ushered into existence in the United States the War Powers Act of 1973. Rarely does it appear that military intervention abroad produces the desired results. If Americans are uncertain what U.S. troops are doing in Bosnia, American members of Congress are bewildered as well.

As far as political risks in foreign affairs go, the decision by President Clinton on May 31, 1995 was startling. Without consulting any of the congressional leaders of either party, the president announced not only that he was prepared t

. . .
the presidents and passed a series of resolutions designed to curtail presidential authority to commit U.S. troops. The first congressional victory was a bill barring any combat in, or bombing of, Cambodia after August 15, 1973. That same year, Congress passed the War Powers Resolution, designed to limit the president's ability to commit American troops on any long-term basis without explicit congressional approval. The War Powers Resolution was enacted at the end of the Indochina War over President Richard Nixon's veto, largely in response to a perception on the part of Congress that since 1950-when President Truman initiated the Korean War without congressional consent--it had been evading its constitutional duty to share in the power to initiate war. Section 4(a) of the Resolution requires the president to report to Congress within 48 hours of introducing American forces "into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances." The Resolution further provides that the president shall terminate such hostilities within 60 days unless (1) Congress has declared war, or (2) Congress has extended the authorized conflict another 60 days, or (3) Congress is physicall
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Approximate Word count = 1599
Approximate Pages = 6 (250 words per page)

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