Executive Office
Executive Office
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Can the U.S congress legislate new powers to the executive office without ratification?
That is what the 93rd congress did with the war Powers resolution.
Thank you for your well thought out answer Jacob.
Well, before everyone starts throwing the baby out with the bath water, let's pause a minute and think about this. The reason the war powers act was enacted is important. When the Constitution was written requiring the consent of Congress before war could be declared, wars were pretty slow processes. Now, events can heat up very quickly and the opportunity to "nip it in the bud" can pass before the President can address Congress and Congress can act. So, what the War Powers Act does is, under specific circumstances, act unilaterally to address an immediate threat but he then has to make the case to Congress within a specified time, I believe it is 60 days.
What the law seeks to do is allow the "Commander-in-Chief " to react to an immediate threat while limiting the "President" from making aggressive moves for political reasons. Without such an act, how would the President react to incomming nuclear missiles?
In the case of Lybia, the problem isn't the War Powers Act, it is that there is a lot of doubt about any immediate threat. So, the decision to attack Libya is more of a political decision. It may be a good decision or a bad decision but the President spent 5 weeks making it. He should have consulted Congress instead of the United Nations. After all, we the general public do not know any of the classified data that may influence such a decision. But Obama has yet to call for a Classified meeting with Congress, or even brief the Congressional Leadership.
As far as I can tell, the President stands in violation of the War Powers Act and should at least be called before Congess to explain his decision and make the case for it. But in my opinion, the law is a good one.
To your quesion, no, they cannot legislate any new powers to any branch of the government without amending the Constitution. The War Powers Act actually was a way of defining what is and is not "war" and when action without Congressional Authorization is permitted. Before the Act was passed, Presidents were sending the miltiary in all over the place and then claiming it wasn't a war so they didn't need to include Congress. That was why they called the Vietnam war a "police action".
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