How the Congress Declares War
Introduction
The constitution of the United States of America vests the power of declaring war over another country in the congress. This means that not even the president is supposed to declare war over another country if the same has not been approved by senate. Well, this is theoretical. There are several occasions where sitting American presidents have violated this protocol and declared war on other countries. From the Bush administration to the Obama administration, presidents have often acted in complete disregard of this requirement. Over the history of the US, congressional influence and activism on foreign policy has greatly changed. Unlike the past, it is difficult for legislatures to interact with foreign nations over matters to do with policy. It is no secret that war has various negative implications, hence the need to undertake it only after a serious consideration has been made ("Introduction." Civic Participation in America, 24). In most cases, it leads to strained diplomatic ties with the country with which the country goes into war. The congress takes into consideration various factors before making this decision. The acts of the other country, for instance, ought to be inconsistent from what the US advocates for. This research will analyze how the US Congress decides whether or not they are going to declare war on another country. This topic is important in that it one gets to have a better understanding on matters of national security. For instance, one can easily be in a position to predict what to expect when and if the US is not in good terms with another foreign country ("Introduction." Civic Participation in America, 65). Understanding this topic will also enable people have a better understanding on matters of national importance.
Literature Review
This topic has been extensively addressed by various researchers. Currently, there exists vast literature on the issue. Numerous interpretations on the issue have been made, the intention of which is to enhance predictability on the moves of the congress. Currently, there is a major confusion as regards to overlap of roles between the institution of the presidency and the congress. Congress is the body mandated by the US constitution to have this power. Despite the powerful nature of the presidency, the role of making such decisions is vested in the congress. Most experts have conflicted on this issue, whereby they argue that there can only be one institution mandated to exercise this authority (The Laws That Shaped America, 43). There are various occasions where the US has declared war on other countries without the consent and approval of the congress. Throughout the past, American presidents have declared war against other countries without the blessings of the congress.
In his paper, Semonche argues that the powers to declare war are divided between the president and the congress (Semonche, 34). He quotes the constitution as the basis for such division of power. He goes further to state that in the history of America, the congress has made use of this constitutional clause four times, including the Second World War. Other notable cases where the congress sanctioned war on other countries, he notes, include the 1991 Gulf War, the Vietnamese War, and the 2003 America invasion of Iraq. In all these examples, the Congress made the decision that the US should go into war with the country in question. Apart from this, the author notes that constitutionally, the president is the commander-in-chief of the armed forces. Because of this title bestowed upon him, he is vested with the responsibility to lead the American troops and the armed forces. With such being the case, he stipulates, presidents have declared war on other countries without the consent of the senate. This might seem unconstitutional, yet necessary. He argues that such is the case whenever there is an imminent danger or hostility.
The fact that two institutions have the power to make a decision on one issue has not been taken lightly. The overlap of roles, no doubt, is bound to have a negative impact on how various organs are to operate. There have been situations where the two bodies have failed to understand each other on the topic. The involvement of the US in Vietnam is one such example. As a matter of fact, such involvement of the US in the Vietnam War was triggered by a presidential directive, with complete disregard to the Congress and its role. Because of this, the Congress acted by passing the War Powers Resolution’, which was intended to override the veto of President Richard Nixon by then. Trollope notes with a lot of concern that whenever he takes such an action on sensitive matters, the president ought to consult the congress (Trollope. 50). The author’s argument seems to indicate that presidents are only allowed to intervene in extreme circumstances, for instance, when the United States of America is in an immediate danger that the Congress does not have adequate time to make a decision. Regardless, the congress has power to make such declarations.
Lu’s paper succinctly stipulates some of the factors that the Congress takes into consideration before deciding to declare war over another nation or not (Lu, 23). The first, he argues, is whether the country to which the war is declared acts in a manner that could be construed to mean violence against the United States of America and its citizenry. One of the roles of the UN was to ensure that future wars were prevented. This was to be achieved through ensuring that no nation will act in a manner that threatens the integrity and peace of another country. In making a decision on whether war is the available option, the congress looks at the danger that the US risks suffering. If the probability of such dangers are high, then the Congress acts by declaring war, if the country in questions fails to take necessary mechanisms to address this issue. The American congress argued that this was the reason as to why American troops invaded Iraq in 2003, because Iraq had acted in a manner that threatened the peace of the United States (Presidential Decision Making." The Progression of the American Presidency, 43). Actions that threat the peace of the US can be interpreted differently by various people. What is often considered is the probability of American citizens suffering as a result of the threat imposed by the company in question.
On his part, Trollope argues that the congress tends to consider whether or not the country in question’s actions engages in threatening postures that could harm the US. Whenever such is the case, he argues, the US has no option other than declaring war on that country. He cites the Congress declaration of war against Korea as one of the circumstances when this reason sufficed to guide the US to making such a decision (Trollope, 56). The author argues that the move by Korea to engage in nuclear production imposed imminent danger to all nations, including the US. There was need by North Korea to curb its actions because they put the world in a great risk. Because of this, he argues, the American Congress was justified to go into war. Ignoring to make such a move would be to place the peace of the US in jeopardy (Native American Ethics and Counselor Decision-Making, 51). The other factors the author argues that shape the congress’ decisions include: special interest groups, voting along party lines and personal experience and feelings.
Methodology
The research methodology in this paper will entail gathering important information from various documents such as books and journals as regards to the powers of the congress to declare war on another nation. The constitution will come in handy because it is the basis of the Congress’ powers, more so as relates to declaring war. Compiling databases will also ensure that it is possible to get a better understanding on the issue in context. As a matter of fact, there are several documents and sources that have addressed this issue, though not conclusively. Various authors have stipulated various reasons that guide the Congress in making this decision. Analyzing these sources keenly would present a perfect approach towards understanding the topic in question.
In carrying out this research, both qualitative and quantitative information collection tools will be greatly used. The main source of information will be the available journals and books that address this issue. Reading and interpreting them will play a significant role in determining the approach the Congress uses. In addition to this, other methodologies such as interviews and questionnaires will suffice. This is especially the case when there is a need to get first-hand information from people who have direct contact with the congress. Such people are best placed to understand the day to day operations of the Congress. By doing this, it will be possible to have the best perspective about the issue.
Ethical Issues
The research will take into consideration the various ethical issues that might arise. These may include:
Integrity
In collecting the relevant data to carry out the research, it is important to ensure that integrity is maintained at all times. In doing this, it is essential that only the accredited sources will be used. Today, there exist various papers on this topic, some of which have wrong information. It will be prudent to observe integrity.
Confidentiality
The fact that the research will entail collecting information by means of interviews means that the interviewees will have to be protected if necessary. Some information is privileged. Exposing the identities of these interviewees might put them in substantial risk. As such, they will be protected.
Consent
No source will be used without the owner being appreciated. This aims to ensure that issues of plagiarism will be minimized. Because the nature of the research takes the empirical approach, reference will be made to various sources that have addressed this matter, thereby coming up with a comparison on the points raised. Together with the interview, the paper will have the most up-to-date information about the Congress and how it declares war on other nations. This means that the information given will be verified and accepted generally.
Timetable
This research intends to take approximately one month to be complete. It is within this timeframe that the relevant data will be collected, both from primary and secondary sources. The interviews should be complete in two weeks’ time, to pave way for a comparative analysis. Writing up the thesis will take a further two weeks. This means the paper should be ready in a month’s time.
User Community
This research will be useful to many people. First, it will be used by political science students to understand the roles that each arm of the government plays. The paper will be for the general public to understand how the Congress works.
Works Cited
"Introduction." Civic Participation in America (n.d.): n. pag. Print.
"The Laws That Shaped America." (2009): Print.
Lu, Qinghua. "Autonomic Business-Driven Decision Making for Adaptation of Web Service Compositions." 2011 IEEE World Congress on Services (2011): n. pag. Print.
"Native American Ethics and Counselor Decision-Making." Culturally Relevant Ethical Decision-Making in Counseling Culturally relevant ethical decision-making in counseling (n.d.): 47-54. Print.
"Presidential Decision Making." The Progression of the American Presidency (n.d.): n. pag. Print.
Semonche, John E., and Jeremy Cohen. "Congress Shall Make No Law: Oliver Wendell Holmes, the First Amendment, and Judicial Decision Making." The American Journal of Legal History 34.1 (1990): 102. Print.
Trollope, Anthony. "CONGRESS." North America (n.d.): 37-58. Print.
