Does the President need congressional approval to take military action? Is it legal for the President to fight a war that has not been declared by Congress? Send troops to a foreign country without Congressional approval?
The President can take military action without Congressional approval, and must have that power. As Commander in Chief he can order defensive or offensive action at a moment's notice. If there were a legal requirement to get the approval of hundreds of legislators before taking any action, the nation would be left defenseless if attacked, and offensive actions would always be telegraphed in advance to the target, putting our fighting forces in much more danger.The Congress has the power of the purse. They can deny a President the funding needed to prosecute any extended action. In my personal opinion the US Congress has abdicated their responsibility since World War II to either vote for war and take responsibility for supporting the President, or vote against war and stop it. They have, in my view, preferred to stand by and reserve the option of saying they voted to fund everything that went well, but never approved of putting troops in harm's way.It's quite possible that there will never be another declaration of war. Fukuyama wrote about "The End of History" in this vein. Indeed, much of history is the story of nations engaged in all-out war. Modern technology has connected the world more than at any time in history, and made it virtually impossible to convince an educated populace that any other country is populated with people who deserve to die. Those involved in trade with partners in other countries are loath to see their profits interrupted and put pressure on political leaders to maintain relations. As we've seen, the threats to peace may lie with small groups of nihilists. Thus we have a war on terror, which is a different kind of war than anything we've fought before. It's not likely to be won any more than a war on poverty or ignorance.
U.S. Presidents have the authority to declare war without the consent of Congress if the U.S. is attacked. But can the President just attack any country without congress declaring war?
NoThe Constitution of the United States only gives Congress the power to declare war on foreign powers. This is clearly stated in Article I, Section 8 of the Constitution, which provide the expressed powers that Congress has over the nation. Clause 11 allows Congress “to declare war”. A President cannot formally declare war without Congressional approval.So could the President of the United States approve of military action without the approval of Congress? Until 1973, yes they could as was the case with the Korean War and the Vietnam War. In 1973, however, the War Powers Resolution was passed, which stated that President could only send Armed Forces abroad by a declaration of war by Congress, specific statutory authorization, or a national emergency caused by an invasion. In order to pursue military action, the President has to notify Congress within 48 hours of deploying troops. They have at most 90 days to have troops remain if Congress does not approve an authorization for use of military force.However, this law was never really followed. Many Presidents would send troops into armed conflict overseas without informing Congress. Examples include President Clinton’s bombing of Kosovo and President Obama’s intervention with Libyan rebels. The War Power Resolution was only invoked twice by Congress since its inception: 1994, to withdraw troops from Somalia, and 2018. to withdraw troops from Saudi Arabia and Yemen.In conclusion, the President cannot attack without a declaration of war or an authorization for use of military force from Congress. Despite this, many presidents have “gotten away” with doing so without the approval of Congress.
Would Trump need congressional approval to attack North Korea, since technically the Korean War never ended?
No. President Trump is Commander In Chief of the armed forces of the United States and as such, he can order an attack against anyone, anytime, just as any other President can.What he CAN’T do, is declare a war. And, by the provisions of the War Powers Resolution of 1973, the President must notify Congress and justify, within 48 hours the commitment of U.S. Forces;To hostile circumstances where imminent involvement in those hostilities is indicated,To a foreign nation equipped for combat, orIn "numbers which substantially enlarge" U.S. military forces presently in the foreign region.If forces are launched without Congressional approval, the War Powers Resolution gives a 90 day period for the President to direct troops, 60 days to continue to arm military forces and 30 days to withdraw those forces.
Can President Trump levy tariffs without consent of Congress?
Congress has delegated to the executive branch the authority to impose some limited types of tariffs if the President believes it to be necessary. This authority is fairly limited but it means that in some cases the President can in fact impose new tariffs on his own. This is mainly meant to allow the President to respond quickly to actions taken by other nations that might be harmful to key industries, or to give him some leverage in trade negotiations. However, it’s important to note that there are limits to what tariffs the President can impose under this authority.Since a tariff is a tax, any tariff that exceeds this previously-granted authority would require an act of Congress.
Does the President have the right to order troops into combat without Congressional approval?
Anyone who says yes..... show me where in the Constitution this is authorized....which amendment? Every President since the enactment of the War Powers Resolution has taken the position that it is an unconstitutional infringement on the President's authority as Commander-in-Chief. @Teekno: That's a given that the Pres is Commander-in-Chief. This does not grant him the power to send the military into combat without Congressional approval. Article I, Section 8, Clause 11 defines the powers of Congress and delegates their ability to "declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water" ... "Congress" NOT the president.
Can a US president declare war without the permission of the Congress?
In fact, a US President can actually declare a war without the permission of Congress, accordingly the USA Constitution’s giving the President the right and power of protecting the American people’s interests and lives.In history, many instances happened which a President ordered secret/official military attack without asking/informing the Congress. Best example is the Nixon presidency. The debate on the extend of power of the Congress and the Executive Office have always been a struggle in American politics. After Nixon, the presidential office has started to be seen as ‘imperial’, which scared the American public and the Congress on to what extend an individual lead the decisions vital on the future of the country. Nixon had left a heritage that gave headaches to the upcoming Presidents of the US. Ford and Carter had long tried to fix this image of the ‘strong Executive Office’ for years, in the eyes of public and legislative branches.The result is that, this debate among the Congress and President will continue so, as the Constitution of the US will be tried to interpreted by different law’persons under different future Presidents. The Constitution indicates the extend of power of Congress and President abstractly and narrowly, which paves the way for different interpretations by the Executive Office to make its case on its behalf. Ex: Rescuing the American soldiers from the land of Cambodia, while The Wars of Resolution bill was still on the table at that time.In summary, the US Constitution is open to different imterpretations, and this gives President a chance of maneuver.