Report Outline
War Powers of Congress and the President
Role of Congress in Past Wars
Congress and World War Ii
War Powers of Congress and the President
Subordinate Place of Congress in War Making
Once Congress has declared war, the task of organizing the nation's war effort, as well as making ultimate decisions on matters of military policy, rests primarily with the President. Congress must supply funds and must enact legislation relating to prosecution of the war, but the pressure of time and the complicated nature of many of the problems involved make it necessary for the legislature to confer upon the executive branch of the government far more extensive powers than those ordinarily delegated in time of peace.
Members of Congress have registered objections to blanket criticisms, directed, solely at the legislative branch, by persona dissatisfied with the present war effort. While admitting' the justice of some complaints, senators and representatives have noted that many of the accusations are false, or are the result of exaggerated opinions regarding the responsibility of Congress in directing the war. It is true that differences of opinion have always existed, among both laymen and members of the legal profession, as to the division of war powers between the executive and legislative branches of the government. This confusion is sometimes reflected in charges that Congress is usurping functions rightfully belonging to the President and is therefore “interfering” in the conduct of the war. On the other hand, it is sometimes asserted that Congress is neglecting to take its proper place in the prosecution of the war and thereby hampering the war effort.
Senator Taft (R., Ohio) directed the attention of the Senate, July 27, to what he said was an example of the unjustified attack being made on Congress. He read from an editorial which listed many complaints and called, among other things, for “airplanes that can climb 30,000 feet.” According to Taft, the entire editorial was “turned against Congress, and yet, what on earth have we got to do with airplanes that will climb 30,000 feet? … That is something I am certainly not an expert on. Full authority has been given to the administrative officials. If blame attaches to anyone in that connection, of course it must attach to the administrative officials” Taft felt that such unwarranted attacks on Congress interfered with the progress of the war to a greater degree than any action Congress might take or neglect to take. |
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Constitution and Separation of Powers |
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Sep. 07, 2012 |
Re-examining the Constitution |
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Jan. 29, 1988 |
Treaty Ratification |
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Mar. 27, 1987 |
Bicentennial of the Constitution |
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Jan. 31, 1986 |
Constitution Debate Renewed |
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Mar. 16, 1979 |
Calls for Constitutional Conventions |
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Jul. 04, 1976 |
Appraising the American Revolution |
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Sep. 12, 1973 |
Separation of Powers |
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Jul. 12, 1972 |
Treaty Ratification |
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Apr. 19, 1967 |
Foreign Policy Making and the Congress |
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Mar. 05, 1947 |
Contempt of Congress |
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May 10, 1945 |
The Tariff Power |
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Jul. 01, 1943 |
Executive Agreements |
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Jun. 01, 1943 |
Advice and Consent of the Senate |
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May 24, 1943 |
Modernization of Congress |
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Jan. 18, 1943 |
The Treaty Power |
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Aug. 24, 1942 |
Congress and the Conduct of War |
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May 09, 1940 |
Congressional Powers of Inquiry |
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Nov. 09, 1939 |
Participation by Congress in Control of Foreign Policy |
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Apr. 21, 1937 |
Revision of the Constitution |
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Feb. 24, 1936 |
Advance Opinions on Constitutional Questions |
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Oct. 04, 1935 |
Federal Powers Under the Commerce Clause |
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Jun. 19, 1935 |
The President, the Constitution, and the Supreme Court |
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Sep. 10, 1928 |
The Senate and the Multilateral Treaty |
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Dec. 16, 1926 |
The Senate's Power of Investigation |
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Oct. 03, 1924 |
Pending Proposals to Amend the Constitution |
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