POLSCI 318 Lecture Notes - Lecture 21: The Imperial Presidency, Barbary Pirates, List Of Ongoing Armed Conflicts
4 May 2018
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Department
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Congress and the President
12.02.16 Lecture Notes – The Imperial Presidency
- War powers are shared between the executive and the legislative
- Founders believed that the powers of war and peace should be separated
- Congress had the sole and exclusive power to declare war in the Articles
- In the Constitution, Congress has the power, but not the sole and exclusive power, to declare war –
President is also involved in war powers in terms of being the commander-in-chief and being in charge
of initiating defensive hostilities
- Lockean concept
- Permissible for the executive to act in order to self-preserve
- Why would you split up the power?
o Congress could deliberate on war
o President would not be able to initiate war for self-interest (monarchs in Europe wanted war
for self-aggrandizement)
- Schlesinger – original Constitutional balance of war and peace no longer applies to how the branches
actually interact
o Because of the accumulation of additional power (in the realm of foreign relations), the
dynamics of the power for domestic affairs has also changed
o Imperial – presidency relies on powers that are not constitutional
- Three major events:
o George Washington – unilateral declaration of neutrality – Britain and France have gone to war
▪ Washington decides to unilaterally declare neutrality (Americans could be charged with
a rie if they itereed i the ar that ould oproise Washigto’s delaratio
of neutrality)
▪ Constitution only gives the express power to declare war (whereas the Articles says
ar ad peae)
▪ Pre-empting Congressional action to declare war – eroahes o Cogress’s aility to
declare war – ipliitly reoes Cogress’s poer
▪ Hailto argues i faor of Washigto’s aility to delare eutrality, hile Madiso
says this is an infringement on Congress’s poers
▪ During the period between Washington and Jackson, they clarified various powers of
the executive and legislative:
▪ With Congress, they invested the authority to commence and authorize war whether it
be declared or undeclared
▪ Dealing with the Barbary pirates (non-state actor) – undeclared wars
▪ Even with non-state actors, Congress still had a level of approval
▪ President had the right to respond to sudden attacks and to deal with ongoing foreign
affairs and ongoing wars
o 1846: debate over the annexation of Texas
▪ Mexico views Texas as a territory in rebellion
▪ Texas is negotiating with the US to become a state
▪ President Polk wants to send troops between the Mexico-Texan border to protext Texas
in the event that Mexico invades
▪ Even though Polk hasn’t egaged i foral hostilities, the presee of troops gie the
potential to incite violent war (since Mexico may think that the troops are an offensive
force and attack in defense)
▪ Polk manipulates Congress to declare a state of war between Mexico and the United
States and the troops are no longer a constitutional issue
find more resources at oneclass.com
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Document Summary
War powers are shared between the executive and the legislative. Founders believed that the powers of war and peace should be separated. Congress had the sole and exclusive power to declare war in the articles. In the constitution, congress has the power, but not the sole and exclusive power, to declare war . President is also involved in war powers in terms of being the commander-in-chief and being in charge of initiating defensive hostilities. Permissible for the executive to act in order to self-preserve. Why would you split up the power: congress could deliberate on war, president would not be able to initiate war for self-interest (monarchs in europe wanted war for self-aggrandizement) Imperial presidency relies on powers that are not constitutional. In the wake of the gulf of tonkin, congress felt the need to rein in the executive power: war powers resolution was intended to serve as a check on presidential power by not allowing.
