Executive And Legislative Powers: War And Amendments

The United States Constitution outlines the powers of Congress and the President in declaring war and approving constitutional amendments. Congress, which consists of the Senate and the House of Representatives, holds the power to declare war and make laws necessary for executing the powers vested in the government. While the President does not have a constitutional role in the amendment process, the power to initiate hostilities without congressional approval remains contested. The process of amending the Constitution involves Congress proposing an amendment, which is then forwarded to the National Archives and Records Administration (NARA) for processing. The Archivist of the United States administers the ratification process, and the amendment becomes part of the Constitution when ratified by three-fourths of the states.

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Congress has the power to declare war

The US government is divided into three branches: the Executive, Legislative, and Judicial. Of these, the Legislative branch is responsible for declaring war, approving constitutional amendments, and initiating impeachment proceedings. The Legislative Branch is made up of the House of Representatives and the Senate, which together form the United States Congress.

Congress also has the power to fund and raise armies, and make rules for the armed forces. This power over military funding is an important check on the President's power to wage war. If a war loses public support, Congress can reduce funding and prevent the President from continuing the war.

Congress has used its power to declare war in various ways throughout history. For example, after the September 11, 2001 attacks, Congress authorized the President to use force against those responsible. At other times, Congress has given more open-ended authorizations, such as when they authorized the use of force to protect US interests and allies in Southeast Asia, which led to the Vietnam War.

The President cannot declare war without Congress

The US Constitution's Article I, Section 8, Clause 11, also known as the Declare War Clause, explicitly grants Congress the power to declare war. This clause acts as a limit on the President's ability to use military force without Congressional approval, ensuring that the President cannot unilaterally declare or initiate war.

The Legislative Branch, comprising the Senate and the House of Representatives, is responsible for declaring war, approving constitutional amendments, and initiating impeachment proceedings. This distribution of powers among the branches of government maintains a balance of power and prevents any single branch from becoming too powerful.

While the President, as commander-in-chief of the US military, makes final military decisions during wartime, their ability to engage in military actions without Congressional approval is restricted. The War Powers Resolution of 1973 further reinforces this by requiring the President to notify Congress within 48 hours of committing armed forces to military action and limiting the duration of such actions without Congressional authorization.

Historically, there have been instances where Presidents have engaged in military conflicts or directed military efforts without formal declarations of war or express consent from Congress. However, the Founding Fathers intended to prevent a single person from having the authority to plunge the nation into war, which is why the power to declare war rests with Congress.

Congress proposes a constitutional amendment

The Legislative Branch of the U.S. government, which consists of the Senate and the House of Representatives, is responsible for approving constitutional amendments. Congress, which is part of the Legislative Branch, proposes amendments to the Constitution.

The Constitution provides that an amendment may be proposed either by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the State legislatures. Congress proposes an amendment in the form of a joint resolution.

Congress has the power to propose amendments either on its own initiative or upon application by the Legislatures of two-thirds of the several States. After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.

The Director of the Federal Register examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them. The Director retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States).

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The Archivist of the US administers the ratification process

The US government is divided into three branches: the Executive, Legislative, and Judicial. The Legislative Branch, which consists of the Senate and House of Representatives, is responsible for declaring war, approving constitutional amendments, and initiating impeachment proceedings.

The Archivist of the United States plays a crucial role in the constitutional amendment process. The Archivist, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. This responsibility is derived from Article V of the Constitution.

Once Congress proposes an amendment in the form of a joint resolution, the original document is forwarded to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the resolution in slip law format, along with an information package for the states. The Archivist then submits the proposed amendment to the states by sending a letter of notification to each Governor.

When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is conveyed to the Director of the Federal Register for examination and custody. Once three-fourths of the states (38 out of 50) have ratified the amendment, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and serves as official notice to Congress and the nation.

The Archivist's role is to ensure the integrity of the constitutional amendment process, following established procedures and legal requirements. The current Archivist of the United States is Colleen Joy Shogan, who was nominated by President Joe Biden and confirmed by the Senate in May 2023.

Three-quarters of states must ratify an amendment

The process of amending the US Constitution is outlined in Article V of the Constitution. The process involves Congress proposing an amendment, which is then ratified by three-quarters of the states.

To propose an amendment, two-thirds of both the House of Representatives and the Senate must vote in favour. The amendment is then sent to the states for ratification. The states can ratify the amendment in one of two ways: through a vote of the state legislatures or by calling a state convention for this purpose.

The process of ratification is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). Once an amendment is ratified by three-quarters of the states (38 out of 50), it becomes part of the Constitution.

It is important to note that there is no time limit specified in Article V for the ratification process. However, in recent times, Congress has specified time limits for the ratification of proposed amendments.

The Legislative Branch of the US government, which consists of the Senate and the House of Representatives, is responsible for approving constitutional amendments. This branch plays a crucial role in maintaining the balance of power within the government.

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