War Powers Act

War Powers ActLuke BurgessBefore the ActUnder the Constitution, war powers are dividedCongress has the ability to declare war, President does notPresident is commander-in-chief of the armed forces and the militia as mentioned in the ConstitutionObviously, a completely gray area, caused much controversy and conflict within the Government

The War Powers ActsFirst War Powers Act Passed in 1941Increased Federal power during WWIIPresident Franklin D. RooseveltSigned into law less than 2 weeks after Pearl HarborSecond War Powers Act Passed in 1942Again even more increased Presidential power President Franklin D. RooseveltProvisionsPresident enormous authorityAbility to execute World War II in an efficient mannerGiven power to:Reorganize the executive branchReorganize independent government agenciesReorganize government corporationsCensor Mail and other forms of communication from U.S.First War Powers Act (1941) ProvisionsFurther increased power of the presidentAllowed the acquisition of land for military purposesSome provisions of Hatch Act SuspendedRepealed the confidentiality of census dataFBI could now find Japanese-AmericansSecond War Powers Act (1942)Gulf of Tonkin IncidentUSS Maddox IncidentIn 1964, the USS Maddox signal intelligence, engaged 3 Northern Vietnamese Navy torpedo boatsAttacked again, but later said to be no attack at all the second time (glitch in reading of the sonar)Later believed to involve the Tonkin ghostsCongress passed Gulf of Tonkin Resolution, in retaliation on Northern Vietnam on attacks (still believed)Lyndon B. Johnson authority to use any military force in Southeast Asia, without a formal declaration of warNixon pledges to end war, ends up sneaking around Congress during the bombing of Cambodia

The War Powers ResolutionThe War Powers ResolutionPassed President Nixon bombing secretly in Cambodia during Vietnam Effective November 7, 1973Intended to check the Presidents power to commit the US to an armed conflict without consent of CongressThe president can only send troops to foreign country byDeclaration of war by CongressIn case of National Emergency by attack

HistoryAbraham Lincoln habeas corpusFranklin D. Roosevelt Pearl Harbor/WWIIWar Powers Acts passed, and then disbandLyndon B. Johnson Gulf of Tonkin/VietnamRichard Nixon VietnamWar Powers ResolutionPresident Clinton 1999Kosovo