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War Powers Act Of 1973 Essay

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The growing tensions between North Korea and the Unites States have resulted in President Trump issuing a statement suggesting the use of military force. It may not just be as easy as a push of a button for Mr. Trump. President Trump may find interest in past debates regarding Congressional authority to initiate military operations abroad. President Harry Truman was able to launch the Korean War without any prior congressional authorization, which was rare considering presidents usually engaged in foreign military operations with implicit support from Congress. This changed with the occurrence of the Vietnam War, as Congressional reformers stood to challenge presidential authority regarding military offenses. The already growing divide grew …show more content…

Section 2. (b) of the War Powers Act notes that under Article I, Section 8, of the Constitution, specifically states that Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States. This eliminates any argument over whether the Act can be marked as unconstitutional, meaning the following sections must be abided by President Trump. Section 2. (c) lays outs the circumstances where imminent involvement is clearly indicated: 1) a declaration of war, 2) specific statutory authorization, or 3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces. These circumstances may be applicable to Mr. Trump if North Korea’s threats fall under any of those three guidelines. If it has not already been made clear enough, Section 3 of the War Powers Act states, “The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities or into situation where imminent involvement in hostilities is clearly indicated by the circumstances, and after shall consult regularly with Congress until United States Armed Forces are no longer engaged in hostilities or have been removed from such situations” (pg.522). This all falls under the case that Congress authorizes Mr. Trump to intervene North

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