St. Thomas Law Review
First Page
305
Document Type
Article
Abstract
Part I reviews the constitutional enumeration of congressional and executive war powers and their historical use from the days of the Framers to the current U.S.-Iraq conflict, and goes on to evaluate the constitutionality of the President's initiation of this war. Part II discusses the judicially-created idea of inherent presidential power and its constitutionality, and examines more recent cases that addressed the abilities of Congress to restrict and limit power. The section concludes by addressing the judiciary's (rarely-utilized) role in mediating disputes between the President and Congress. Part III addresses the lack of accountability of our Congress in the fall of 2002, and traces the discussions and debates leading to the affirmative vote for the authorization to use force against Iraq. This section aims to emphasize the need for Senators and Congressmen to perform their jobs competently and without political self-interest if our nation is to avoid future foreign policy disasters. Part IV concludes by addressing some of constitutional issues posed by the efforts, in the Spring of 2007, by the newly elected Democrat controlled Congress to change policy in Iraq by conditioning appropriations to timing for troop withdrawals. However, the primary purpose of this section is to address lessons learned and urge for more vigilance and prudence by the American people and its representatives in the future.
Recommended Citation
Jeffrey A. Botelho,
Congressional Responsibility in Controlling the War Machine,
21
St. Thomas L. Rev.
305
(2009).
Available at:
https://scholarship.stu.edu/stlr/vol21/iss3/2