Congressional Digest

International Debates Archives September 2010 No. 6 Vol. 8
The War Powers Act

The U.S. Military Presence Abroad

2010-2011 Policy Debate

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The War Powers Act

Presidential Authority and Use of the Armed Forces

Under the Constitution, the war powers are divided between Congress and the president. Among other relevant grants, Congress has the power to declare war and raise and support the armed forces (Article I, section 8), while the president is commander in chief (Article II, section 2). It is generally agreed that the commander in chief role gives the president power to utilize the armed forces to repel attacks against the United States, but there has long been controversy over whether he is constitutionally authorized to send forces into hostile situations abroad without a declaration of war or other congressional authorization….

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