When bombs drop and troops mobilize, who pulls the strings—Congress or the President? Can we afford to leave the fate of nations in the hands of one person, or does the voice of the people demand more say? The Founding Fathers designed checks and balances for a reason, but when it comes to war powers, does the balance still hold?

In this episode of This Constitution, Savannah Eccles Johnston and Matthew Brogdon delve into the war powers outlined in the U.S. Constitution, focusing on the balance of authority between Congress and the President. They discuss Article I, Section 8, which grants Congress the power to declare war, and Article II, Section 2, which designates the President as Commander in Chief. The conversation covers historical precedents, the evolution of military authorizations, and modern implications, including the use of Authorizations for the Use of Military Force (AUMF). They emphasize the importance of understanding and navigating the constitutional framework governing war powers.

Curious about who truly holds the reins of military power? Tune in to learn more and challenge your understanding of war powers in America.

In This Episode

• (00:27) Introduction to war powers
• (01:06) Congress's powers
• (01:18) President's powers
• (02:10) Competition between branches
• (02:22) Authorization for military force
• (03:06) Historical context of war declarations
• (03:53) Ambiguity in military actions
• (04:26) Historical examples of military authorizations
• (06:54) Technological warfare
• (08:07) Political implications of war powers
• (08:30) Defensive warfare
• (08:43) Distinguishing offensive and defensive actions
• (09:24) Lincoln's actions during the Civil War
• (10:38) State of war and presidential powers
• (11:42) Treaty obligations and war
• (13:22) Preemptive strikes vs. defensive actions
• (14:11) The President's war powers
• (14:39) Congress's role in war declarations
• (15:15) Historical context of war powers
• (15:36) Executing congressional declarations
• (16:03) Presidential discretion in war
• (17:23) Congress's powers against the President
• (18:24) Congress's institutional strength
• (19:13) Impeachment as a weapon
• (20:11) Power of the purse
• (21:25) Defense appropriations cycle
• (23:38) Presidential actions without war
• (25:23) War Powers Resolution Overview
• (26:21) Constitutionality of the War Powers Resolution
• (26:46) The War Powers Resolution
• (27:17) Presidential authority
• (28:14) Congress's role in military regulation
• (29:25) Tactical command limitations
• (30:31) Overlapping powers discussion
• (31:25) Public dissatisfaction with military engagement
• (32:04) Alternative solutions for Congressional action
• (33:29) General public knowledge and engagement
• (34:53) Need for decisive leadership
• (35:28) Educating voters on war powers