Essay On War Powers Act

War Power Reform When it comes to war-making powers, both the legislative and the executive branches play a major role determining the course of action. Constitutionally the legislative branch has the power to declare war, but the president (executive branch), without Congress’s permission, can “make” war. This is due to the War Powers Resolution, which was enacted by Congress in 1973 to keep the president in check.

In support of the notion that the Supreme Court of Canada erred in upholding the Order-in-Council which permitted the forcible removal of “Japanese Canadian” from Canada, according to the Order in Council the word “deportation” means the “removal, pursuant to the authority of this Order (7355), of any person from any place in Canada”. This is a process of being sent away from a particular country based on legal reasons. But in this case, the Japanese were not foreigners in Canada but rather they were citizens before Canada invoked the War Measure Act. The deportation of the Japanese Canadians in 1945 was as a result of the World War II, which led to the suspicion by the Canadian government that the Japanese race was an ally with the German government. On the 15th of December 1945, Orders were made based on the War Measures act to remove all native Japanese and any other persons that is related to the Japanese race from Canada.

The constitution is quite vague and often needs defining. The War Powers act, while primarily insuring collective judgment, also provides a necessary definition for the war powers. The war powers are split between the two, and the only provision directly concerning the matter in Article II of the Constitution is that the president is the commander in chief of the armed forces. What does that entail? If the president could just freely use the troops with no respect for congressional authority, he would never find the need to seek a congressional war declaration, which would be entirely to his advantage and allow him to act unilaterally, which is definitely not how our framers intended our government to work.

The president has many roles but, the most important one I think is being the Commander in Chief of are armed forces. As the Commander in Chief the president can mobilize military forces as see to protect critical choke points, interest, or allies to the United States. The War Power Resolution of 1973 helps give the president the authority to take action and mobilize the military. Now there are checks and balance to this act as there is in anything with are government. The first check and balance is having to notify congress within forty-eight hours of military mobilization.

America failed the constitution in world war 2. The constitution starts with “We" the people. “We” as in everyone no matter race or gender. Well in the 1940s America seemed to think “We” meant only white men. During the 1940s racism and sexism were part of day to day life.

War is a state of armed conflict between different nations or states or different ups within a nation or state. Like several wars the United States has fought, this war had its strong supporters and its critics. Three reasons why the United States was NOT justified in going to war with Mexico are: President Polk believed in Manifest Destiny while others didn’t believe in him or God. U.S. should have never crossed when Mexico didn’t give permission. Slave owners brought slaves even though it was Slave-free land.

Similarly, the President ordinarily enjoys broader authority and initiative in foreign affairs. If Congress can constrain the President's use of his inherent Commander in Chief or foreign affairs powers, it follows that Congress can apply at least as strong constraints to the removal power, an unenumerated, allegedly inherent, domestic power. What this has resulted in is the essential ability of the President to order forces into hostilities to repel invasion or counter an attack, without a formal declaration of war. A declaration of war by the Congress places the Unites States at war, but absent a declaration of war, the President can react to acts of war in an expedient fashion as he sees fit.

As Commander in Chief, the president has the power to send armed

The powers of the president aren’t very strict because the other branches watch to see what they are doing. The powers included: making laws, signing treaties, appointing judges, filling up vacancies, appointing Ambassadors, and granting reprieves and pardons. Some presidents used the powers well, while others did not. The one president that used them the greatest was Washington, the greatest, and the first. He wielded the powers to impact the growing United States most effectively by signing treaties to enemies, passing acts,and trying out the National Bank.

Expressed powers are powers granted to the president by the constitution. There are quite a few powers that are bestowed upon the president. Budgeting is one of them; the president has the power in taking the initiative in advising and executing budget priorities. An example of this from the book is “ the president could rein in congressional spending by impounding funds”(losco 310). Another power is Law Enforcement, normally Law Enforcement goes to the state and local government but they have grown to work on bigger responsibilities.

In 2007, the respondent Xavier Alvarez attended a meeting as a board member in Claremont, California, where he introduced himself as the following: “I’m a retired marine of 25 years. I retired in the year 2001. Back in 1987, I was awarded the Congressional Medal of Honor” (United States v Alvarez 1). In fact, Mr. Alvarez had never received said award, nor had he served in the United States Armed Forces. As a result of making said false statement, Alvarez was indicted under the Stolen Valor Act.

America’s War Crime From 1939-1945, or otherwise know as the duration of World War 2, an estimated 2,600,00-3,100,000 civilian and military casualties fell upon Japan as the years slowly dragged on. The two nuclear bombs, Fat Man and Little Boy, killed a combined total of 129,000-226,000, while the entire incendiary campaign only killed 300,000 and injured 400,000 more, and with those numbers the pure lethality of the nuclear bomb is clear. Since the United States Government knew about the radiation and its effects, the nuclear bombing of Japan in World War 2 can be defined as unjustified war crimes. The government can not legally own nuclear weapons under international law due to public safety.

Was the enactment of the War Measures Act during the October Crisis Justified? When one thinks of a terrorist attack, Canada is not usually the first one to come to mind. Canada is usually regarded as a very peaceful country. But Canada was not always peaceful internally; in fact it had raging internal battles with the French wanting independence.

In the Constitution of the United States entrench a requirement and action to have a profession, which ensure the protection and safety of the Nation and State, “We the People of the United States, in Order to form a more perfect Union, …, provide for the common defence” . Basically, this statement is the presumption, that part of society gain a mandate to render an essential obligation to the Nation in a specific area, in particular case this is a defence. In order to fulfill stated obligation, part of society must have the necessary knowledge and skills. Next, they have to ensure and gain public trust and autonomy in their action. Finally, set high moral standards that reflect the values of society.

“Is war ever justified?”, is a question with its solution first originating from Christian theology. Saint Augustine was the first individual to offer a theory on this, and introduced the “Just War Theory”, which was later revised by Saint Thomas Aquinas, creating just 3 criteria to be met in order for a war to be just: “War needed to be waged by legitimate authority, have a just cause, and have the right intentions”. Since then, the “Just War Theory” was been used by many to justify their wars, however, there many other factors that were not taken into consideration that could be used to justify a war. I feel that war is justified and will be looking into points that are for the justification of war. War is justified when there is a “just cause”, and when it is used as a “last resort”.