Paper Topic:

The war power`s act of 2006, the suspension of habeas corpus, and the relationship between the suspension of civil liberties during war-time in the past

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There are checks and balances under the American constitution to limit the power of the President of the United States of America to wage war without approval of the Congress . A special Act known as The War Powers Act of 1973 was enacted to address the issue especially limiting the U .S President power to wage war . The main aim of the Act is to engage both President and Congress in decision making process which may ultimately force the United States in hostilities . Without

the concrete Congressional approval , President of the United States lacks power to wage war beyond 60 days . However , authorization can be pursued in different modes like temporary waiver of the Act or through a Declaration of War

Under Article I , Section 8 of the American constitution , Congress has the power to wage war by supporting and raising the armed forces . As per Article II , Section 2 , the President of the United States of America is the Commander in Chief

The main intention of the constitution framers is to accord the role of Commander-in-Chief to President of U .S .A is to sanction power to President to prevent or initiate attacks against or by United States Thus , President of America has been assigned with responsibility for leading the armed forces of U .S .A in case of any emergency . The engagement of U .S .A in the Korea and Vietnam wars for long years had been a cause of concern for the politicians in U .S .A . There was an alarming anxiety among congress men and law makers as regard to the attrition of congressional authority to decide when the United States should engage itself in a war or deployment of armed force that might result in a war

On November 7 , 1973 , President Nixon veto had been defeated by the House of Representative and the Senate through two third majority which was mandated to pass this joint resolution

As per The War Powers Resolution , as a Commander-in-Chief to introduce U .S .forces in to warfare or impending hostilities , President of the United States can exercise such power only on the following circumstances

In case of any declaration of a war

If the president has been empowered by any specific authorization

In case of any national emergency created by an attack on the United States of America or its forces

As per the War Power Act 1973 , President has the onus to consult with Congress before embarking the American armed forces into hostilities or possible hostilities unless there was a declaration of war on U .S .A or such measure has been specifically authorized by the Congress . Further according to Section 4 [a] [2] 3 , President is bound to report to Congress on any such introduction of American armies in any hostilities for any combat or to enforce additional troops in the hostilities area

According to Section 4 [a] [1] , Congress has to accord its approval with in sixty to ninety...

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