War Making Power: The Executive and the Legislative Branches

Constitution

• Read Articles I and II and find passages that refer to war making

Questions: Part I• How were the actions taken by President Roosevelt similar to

and different from those taken by President Johnson?• How were the actions taken by Congress in 1941 similar to

and different from the actions taken by Congress in 1964?• In what ways was the bombing of Pearl Harbor similar to and

different from the events in the Gulf of Tonkin?• Was the Gulf of Tonkin Resolution an implied declaration of

war, or was it something different?• What Constitutional issues arise as a result of the events of

1964?• What might have happened if the Congress had not passed

the Gulf of Tonkin Resolution?• How have the nature of war and the role of the United States

in the world changed since World War II?

War Powers Act Questions

• Is the War Powers Act consistent with the Constitution?

• Why do you think President Nixon vetoed the act? (Congress subsequently overturned his veto)

Iraq War

• Is the Iraq War Resolution consistent with the Constitution?• Is the Iraq War Resolution consistent with the War Powers

Act?• What might have happened if the Congress had not passed

the Iraq War Resolution?• What recourse is left to Congress should it decide that the

war in Iraq should be brought to an end?• What constitutional and political challenges would Congress

face should it decide to make use of its “power of the purse”?• How have the nature of war and the role of the United States

changed since Vietnam?

Final Questions

• Is the war-making power balanced between the executive and legislative branches of government?

• If not, which branch possesses the greater power?• Should it be more balanced? • Evaluation• Defend or reject the following statements: The United States needs to develop a new and better-

balanced way of deciding whether to make war.