Presidential War Powers: When Force is Permissible and Congressional Approval Necessary
The question of when the President of the United States can legitimately use military force, and conversely, when such action absolutely necessitates the explicit approval of Congress, stands as one of the most enduring and contentious debates in American constitutional law and foreign policy. This intricate interplay between executive prerogative and legislative authority, enshrined within the very fabric of the nation's founding document, has been tested, redefined, and challenged throughout history, reflecting evolving global threats, technological advancements in warfare, and shifting political landscapes. At its heart lies a fundamental tension between the need for decisive action in a dangerous world and the democratic principle of shared governance over the ultimate decision of war and peace. The constitutional framework lays the foundation for this division of powers, though its brevity has invited centuries of interpretation. Article I, Section 8, of the U.S. Constitution ...
