Executive, Legislative and Judicial branches

4 Pages 907 Words

The Constitution of the United States recognized the need for separate powers as well as checks and balances among the executive, legislative and judicial branches. Separation of powers prevents one branch from becoming excessively dominant over the other two. One of the biggest debates concerning the separation of powers is the attempt to determine which branch has the constitutional authority to undertake the involvement of war. This brings us to the argument of the constitutionality of the War Powers Resolution passed by congress in 1973 in effort to balance powers between congress and the president. Another example used to illustrate the concept of the separation of powers is the ratification of the treaty of Versailles in 1919. The separation of powers, however, has caused conflicts among the tree branches, and consequences that paved the road of the US history took place.
When it comes to declare war… which branch has the constitutional authority to do so? Section 3 of the War Powers Resolution act states: "The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities or into situation where imminent involvement in hostilities is clearly indicated by the circumstances, and after every such introduction shall consult regularly with the Congress until United Sates Armed Forces are no longer engaged in hostilities or have been removed from such situations." Section 3 of the War Powers Resolution is necessary for the perpetuation of democracy and its inherent system of checks and balances. The development of executive dominant role in war making has resulted in an attempt by congress to reassert its constitutional war-making powers. The War Powers Resolution (WPR) represents congress attempt to regain a degree of involvement in the nation decision to engage in war. Decisions t!
hat presidents had made previously with little congressional participation. U...