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War Powers: Congress vs. President in the US Constitution

Learn about the constitutional conflict over war powers between Congress and the President, the War Powers Resolution provisions limiting presidential power, and Congress's formal powers over war making.

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War Powers: Congress vs. President in the US Constitution

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  1. 2007 Free Response #3 By: Christian Flego

  2. The Question • Conflicts between Congress and the President over war powers have their origin in the United States Constitution. In 1973 Congress passed the War Powers Resolution in an attempt to clarify the balance of powers between the two branches of government. • A. Describe the primary constitutional conflict between Congress and the President over the decision to go to war. • B. Describe two provisions of the War Powers Resolution that were designed to limit the President’s power over war making. • C. The War Powers Resolution has received mixed reviews, but Congress has other powers over war making. Other than the constitutional power you described in A, identify and explain two other formal powers Congress has over war making.

  3. A. Primary constitutional conflict • Under the Constitution, Congress has the power to declare war • After war is initiated, President can decide on tactics and when to end the war • Congress cannot officially declare an end to a war

  4. B. War Powers Resolution • Congress must provide authorization if President sends troops into hostile areas by declaring war; otherwise, the troops must be withdrawn • If Congress passes a concurrent resolution directing the removal of U.S. troops, the President must comply

  5. C. Other formal powers • 1. Congress can ratify war treaties • 2. Congress can stop funding any wars it doesn’t support

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