Doctrinal Development in Time of War

To this day, the distribution of authority amidst the branches of government remains contested and uncertain with President George W. Bush's example of war powers to protect the national security of the United States and to reenact a War on Terror, adding to the recurring debate (Bradley and gold-worker 2005, 2048).

Drawing upon primary sources, including case law and Congressional legislation, as well as secondary commentaries, this report ordain carry on from an overview of constitutional enumeration of executive, legislative, and judiciary roles with respect to war powers to an exploration of each of these systems in different eras of United States history. The report will then explore the legislative reassertion of its constitutional war powers role and discuss the doctrinal development of the powers of the executive in times of war.

Constitutional Enumeration of Powers and Roles

Michael D. Ramsey (2002, 1543) states that when the U.S. Constitution was written, a " solving" of war was understood to mean the initiating of military action as well as a formal declaration of war. When they met in Philadelphia in 1787, the Founders were in complete agreement that the power to contain war was to be exercised by the Congress and non the chair (Col

Decision in Philadelphia. late York: Ballantine Books.

"Congressional Authorization and the War on

As harsh as Kassop's (2003, 512) criticism may be, it serves to illustrate an important point. In fine-looking President Bush the authority to wage war without a great deal of Congressional oversight, Congress and not the Courts in effect undermined the War Powers Act of 1973, suspending its right (even obligation) to take the lead in declaring war.

Initiatives, Enactments, and Decisions, 1954-1972

Congressional declaration of war, but was unable to seize brand name mills to prevent strikes from interrupting the flow of materials to the military in Korea. This does not constitute a particularly strong judicial reception to what many members of Congress and the American public believed to be the overweening use of executive power to wage war.

Yoo, John C. 1996. "The extension of Politics by

Analysis of the Doctrinal Development

Declare War." Harvard Journal of virtue & Public Policy

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