Emily Cobb In the United States Constitution there is a system of “checks and balances”, which was put in place by the framers in order to insure that no branch of government has autonomy of the power. This system allows that each branch of government: executive, legislative, and judicial is “checked” by one of the other two branches. The legislative branch, Congress, has attempted to reduce the power of the executive branch (the President) through different acts passed by Senate. Two of these acts are the War Powers Act (1973) and Budget Impoundment Control Act (1974). The War Powers act was passed in 1973 by the 93rd Congress over President Nixon’s veto in the aftermath of the Vietnam War. The purpose of this act was to increase the power of Congress over the executive branch in Foreign Policy, especially when it came to matters of military action. The act limits the power of the President to send the United States armed forces into combat situations, without Congressional approval. This was to insure that no hasty decisions were made in either branch. The War Powers Act also insures that the President will continue to consult with Congress until the armed forces have left the hostile situation. However the President can still send troops into an area where “imminent” conflicts are possible. The armed forces can remain in the area for 60 days without formal declaration of war. In addition the President has the power to extend the time in combat area for another 30 days without congressional approval. The Budget Impoundment Control Act was passed in 1974 in order to insure that Congress had control over the budget making process. The act guaranteed that Congress could determine the appropriate level of federal revenue each year. It also established an impoundment control system and created national budget priorities. However the problems that the Budget Impoundment Control Act hoped to alleviate only grew worse. After 1981 Congress and the President decided that the act could not resolve the crisis. The act was amended in several more acts on the 1990’s including the Budget Enforcement Act of 1990. Both the War Powers Act and the Budget Impoundment Control Act were Congressional efforts to limit the power of the President and to insure more power for the legislative branch. This was the legislative branch’s way to “check” the executive branch and to maintain the balance of powers the framers desired in the constitution. However the three branches are still able to some find loop holes in the acts passed.
This is a VERY IMPORTANT QUESTION and you must know the details of these two acts.
Nixon vetoed the War Powers Act which was over ridden by both houses of Congress. No president recognizes it as a valid law. HOWEVER, no president has pushed the limit on this act too far. Ford, Carter, and Reagan never consulted Congress but did notify them about sending troops within the given time limit. Bush obtained a resolution from Congress before using force in Iraq.
Note, in the Constitution, the president is commander-in-chief BUT Congress has the power to declare war.
The Budget Act established Budget Committees in each house and the Congressional Budget Office (CBO) to assist with the budget process. The current lame duck Congress is still struggling with the budget that was due Oct. 1, 2010.
Emily Cobb
ReplyDeleteIn the United States Constitution there is a system of “checks and balances”, which was put in place by the framers in order to insure that no branch of government has autonomy of the power. This system allows that each branch of government: executive, legislative, and judicial is “checked” by one of the other two branches. The legislative branch, Congress, has attempted to reduce the power of the executive branch (the President) through different acts passed by Senate. Two of these acts are the War Powers Act (1973) and Budget Impoundment Control Act (1974).
The War Powers act was passed in 1973 by the 93rd Congress over President Nixon’s veto in the aftermath of the Vietnam War. The purpose of this act was to increase the power of Congress over the executive branch in Foreign Policy, especially when it came to matters of military action. The act limits the power of the President to send the United States armed forces into combat situations, without Congressional approval. This was to insure that no hasty decisions were made in either branch. The War Powers Act also insures that the President will continue to consult with Congress until the armed forces have left the hostile situation. However the President can still send troops into an area where “imminent” conflicts are possible. The armed forces can remain in the area for 60 days without formal declaration of war. In addition the President has the power to extend the time in combat area for another 30 days without congressional approval.
The Budget Impoundment Control Act was passed in 1974 in order to insure that Congress had control over the budget making process. The act guaranteed that Congress could determine the appropriate level of federal revenue each year. It also established an impoundment control system and created national budget priorities. However the problems that the Budget Impoundment Control Act hoped to alleviate only grew worse. After 1981 Congress and the President decided that the act could not resolve the crisis. The act was amended in several more acts on the 1990’s including the Budget Enforcement Act of 1990.
Both the War Powers Act and the Budget Impoundment Control Act were Congressional efforts to limit the power of the President and to insure more power for the legislative branch. This was the legislative branch’s way to “check” the executive branch and to maintain the balance of powers the framers desired in the constitution. However the three branches are still able to some find loop holes in the acts passed.
This is a VERY IMPORTANT QUESTION and you must know the details of these two acts.
ReplyDeleteNixon vetoed the War Powers Act which was over ridden by both houses of Congress. No president recognizes it as a valid law. HOWEVER, no president has pushed the limit on this act too far. Ford, Carter, and Reagan never consulted Congress but did notify them about sending troops within the given time limit. Bush obtained a resolution from Congress before using force in Iraq.
Note, in the Constitution, the president is commander-in-chief BUT Congress has the power to declare war.
The Budget Act established Budget Committees in each house and the Congressional Budget Office (CBO) to assist with the budget process. The current lame duck Congress is still struggling with the budget that was due Oct. 1, 2010.