Doctrine of Executive War

To this day, the distribution of authority surrounded by the branches of government remains contested and uncertain with President George W. Bush's example of war powers to protect the national security of the United States and to enact a War on Terror, adding to the recurring debate (Bradley and goldworker 2005, 2048).

Drawing upon primary sources, including case law and Congressional legislation, as well as secondary commentaries, this report go away prevail from an overview of constitutional enumeration of executive, legislative, and judiciary roles with respect to war powers to an exploration of each of these systems in different eras of United States history. The report will then explore the legislative reassertion of its constitutional war powers role and discuss the doctrinal development of the powers of the executive in times of war.

Constitutional Enumeration of Powers and Roles

Michael D. Ramsey (2002, 1543) states that when the U.S. Constitution was written, a " result" of war was understood to mean the initiating of military action as well as a formal declaration of war. When they met in Philadelphia in 1787, the Founders were in complete agreement that the power to defy war was to be exercised by the Congress and not the chairwoman (Collier and Collier 1986, 331). The Virginia Plan, which had been proposed at the Constitutional Convention, said nothing near wh

Decision in Philadelphia. untested York: Ballantine Books.

"Congressional Authorization and the War on

As harsh as Kassop's (2003, 512) criticism may be, it serves to illustrate an important point. In giving President Bush the authority to wage war without a great deal of Congressional oversight, Congress and not the Courts effectively undermined the War Powers Act of 1973, suspending its right (even obligation) to take the lead in declaring war.

Initiatives, Enactments, and Decisions, 1954-1972

Congressional declaration of war, but was unable to seize stain mills to prevent strikes from interrupting the flow of materials to the military in Korea. This does not constitute a particularly strong judicial reply to what many members of Congress and the American public believed to be the overweening use of executive power to wage war.

Yoo, John C. 1996. "The sequel of Politics by

Analysis of the Doctrinal Development

Declare War." Harvard Journal of police & Public Policy

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