Federalist 47 argues that “the accumulation of all powers, legislative, executive, and judiciary, in the same hands,” is a form of tyranny. The Foundering Fathers, especially the authors of the Federalist Papers were concerned with the powers of the executive, legislature and judiciary being consolidated into one area, due to the fear of totalitarianism. Thus, in Federalist 51, James Madison that “the power surrendered by the people,” to the United States of America’s government must be divided within the government to allow “ambition must be made to counteract ambition.” Each branch, the executive, legislature and judiciary were given their own respective powers, and if one branch decided to expand their power, the other branches would stop that expansion in order to prevent their own powers being endangered. Therefore, in the U.S. Constitution Article 1 Section 8, Congress is granted the power to declare war and the power to issue letters of marque and reprisal referring to hostilities short of full-scale war. The executive branch in Article 2 Clause 1, states that the president is the “Commander in Chief of the Army and Navy of the United States,” but it is not stated that the president can declare war. Throughout the executive office has slowly been commencing military actions without seeking a declaration of war from Congress, especially during the 20th Century . Therefore the executive office has usurped control of declaring war from Congress, and a new amendment is needed to restore control of the war powers in the legislature branch. The new amendment must prevent the presidency from going to war or initiating offensive actions without gaining the permission of Congress. In Philadelphia during 1786, the delegates met and debated with each other at the Constitutional Convention to create a new constitution to replace the Articles of Confederation. The Framers transferred executive powers over war and foreign affairs either exclusively to Congress or divided amongst the legislature, executive and judiciary. During the convention the delegates from the 13 states decided to place the power to declare war within the legislature and allow the president to be Commander in Chief of the military during times of war. Delegate’s feared power being centralized in the executive office and becoming similar to the British Monarchy, as Edmund Randolph a delegate from Virginia called executive power “the fetus of monarchy.” The legislature was given sole control over to the power to declare war, but the executive branch explained in Federalist 69 by Alexander Hamilton “would be nominally the same with that of the King of Great Britain, but in substance much inferior to it.” The presidency was designed to have command and direction of the U.S. military, naval forces and “repel sudden attacks.” Since the creation and inception of the U.S.
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Constitution, the presidency has gained control of the country’s war powers through presidential actions and the failure of Congress to challenge the presidency’s actions. George Washington ordered militias from multiple states to attack Native American Tribes during the Indian Wars without seeking a declaration of war from Congress during the early 18th century. Abraham Lincoln after being elected to the presidency in 1860 the southern states seceded from the U.S. and formed the Confederate States of America. After the Southern states seceded, Lincoln ordered two blockades, the first being from South Carolina to Texas, the second was the ports of Virginia and North Carolina. All of which was done without a declaration of war, and Lincoln defended his actions by stating the “Constitution was nothing without the nation.” The presidency would augment its control of the nation’s war powers after the Supreme Court case U.S. v. Curtiss-Wright Corporation. The case centered on a resolution allowing the president, Franklin Roosevelt to stop the sale of military arms to Bolivia and Paraguay who were engaged in a war. The Curtiss-Wright Corporation legally challenged the resolution and embargo as unconstitutional and eventually the case was decided by the Supreme Court. The Court ruled in favor of Roosevelts actions, stating “the very delicate, plenary and exclusive power of the president is the sole organ of the federal government in the field of international relations.” Thus, the presidency does not require congressional consent to act in foreign
Constitution, the presidency has gained control of the country’s war powers through presidential actions and the failure of Congress to challenge the presidency’s actions. George Washington ordered militias from multiple states to attack Native American Tribes during the Indian Wars without seeking a declaration of war from Congress during the early 18th century. Abraham Lincoln after being elected to the presidency in 1860 the southern states seceded from the U.S. and formed the Confederate States of America. After the Southern states seceded, Lincoln ordered two blockades, the first being from South Carolina to Texas, the second was the ports of Virginia and North Carolina. All of which was done without a declaration of war, and Lincoln defended his actions by stating the “Constitution was nothing without the nation.” The presidency would augment its control of the nation’s war powers after the Supreme Court case U.S. v. Curtiss-Wright Corporation. The case centered on a resolution allowing the president, Franklin Roosevelt to stop the sale of military arms to Bolivia and Paraguay who were engaged in a war. The Curtiss-Wright Corporation legally challenged the resolution and embargo as unconstitutional and eventually the case was decided by the Supreme Court. The Court ruled in favor of Roosevelts actions, stating “the very delicate, plenary and exclusive power of the president is the sole organ of the federal government in the field of international relations.” Thus, the presidency does not require congressional consent to act in foreign