policy - The Black Vault

THE BDM CORPORATION
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The American constitutional process which relies on the system of
checks and balances such that both the executive and legislative branches
of government must participate in policy making is nowhere more apparent
than in the war-making powers defined in the Constitution. Whereas most
issues are referred to once in the Corstitution, war-making and the armed
forces receive great attention.
-Article I, Section 8 - Gives the Congress power to
' ,I "declare war," order reprisal," raise and support
Armies" for no more than two years at a time "provide
and maintain a Navy," make rules which will regulate
and govern the military furces, and provide for
organizing the militia ari calling it up so that insurrections
can be suppressed and invasions rapelled.
• -Article I, Section 10 - Forbids the states, with out
congressional consent, from keeping military forces in
time of peace and from engaging "in war, unless
actually invaded, or in such imminent Danger as will
not admit of delay."
-Article II, Section 2 - Makes the President the Commander
in Chief 'of the Army and Navy of the United I
States, and of the Militia of the sevoral states, when
called into the actual service of the United States.
-Article IV, Section 4 - Provides that the central
government shall guarantee "a Republican Form of
Government" to every state and "Shall protect each of
them against Invasion." 59/
While the American Constitution set forth Lhe framework within
which policy d:cisions could be made,
past events have demonstrated the
importance of precedents and the range of interpretations of the war-making
powers. The statement of Mr. Justice Holmes, that "...the life of the law
has not been logic:
it has been experience", has never been more apt than
' ~. in the interpretation of the War Powers Resolution. 60/ US involvement in
tlte Vietnam War became a focal point for examining presidential and congressional
roles in the use of US armed forces overseas.
Debate arose as
various legal experts presented differing interpretations of congressional
and presidential authority for war.
Some legal analysts have arged that
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