Basic Principles Of War Powers Louis Fisher Analysis

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Basic Principles of the War Powers By Louis Fisher Article Review Abstract The article by Louis Fisher entitled Basic Principles of the War Powers examines the history and established regulation of war declaration under Article I of the United States Constitution. The framers of the Constitution of the United States specified that the executive power of war would be transferred to Congress as a measure to prevent the establishment of a monarchy form of government. After World War II, the power of Congress to grant war powers to the President has appeared circumvented because of conflicts in Korea and Vietnam without specific approval from Congress. The article by Louis Fisher outlines the power vested in Congress to grant war…show more content…
The new Constitution sought to divide the powers of government among the different branches of government to provide a system of checks and balances of power. According to Fisher (2012) “The Constitution vests in Congress the power to regulate foreign commerce, an activity the Framers understood as closely related to the war power. Commercial conflicts between nations were often a cause of war. In 1824 in Gibbons v. Ogden, Chief Justice John Marshall said of the commerce power that "it may be, and often is, used as an instrument of war." Guided by history and republican principles, the framers placed that power and responsibility with Congress” (para…show more content…
The title Commander and Chief represents the elected civilian authority over the military that ensures all military forces are subordinate to civil power. The framers of our Constitution understood that a situation could arise where the President may need to use military power without hesitation to defend the nation from foreign attack. They drafted provisions that allowed for immediate defense of the nation from foreign attack but restricted offensive actions to Congressional approval. The precedent of Congressional war powers approval was established by President George Washington in 1793 as described according to Fisher (2012)” President Washington took great care in instructing his military commanders that operations against Indians were to be limited to defensive actions. Any offensive action required congressional authority. He wrote in 1793: "The Constitution vests the power of declaring war with Congress; therefore no offensive expedition of importance can be undertaken until after they have deliberated upon the subject, and authorized such a measure"(para
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