13. In the 1970’s in order to limit the power of the President and to reassert congressional authority in the policy-making process, Congress passed the following:
• The War Powers Act
• The Congressional Budget Act of 1974 (often called the Budget Impoundment and Control Act)
Briefly describe the provisions of each of these two legislative acts. Evaluate the extent to which each act has affected the balance of power between the Presidency and Congress in the 1990’s.
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In the 1970's Congress passed the War Powers Act to curb the power of the President being the only "check" necessary to declare war. President Lyndon B. Johnson was accused of abusing his power by essentially evading Congress' say in whether or not war should be declared. This act now made Congressional dissent necessary to declare war or to escalate intense military conflict. The Congressional Budget Act of 1974 was put into place due to President Nixon's alleged abuse of impounding programs that he decided did not need funding. Because of this act, the President can now request that Congress rescind the funds of a bill, but he may not impound them. This has affected the balance of power between Congress and the President throughout the 1990s by giving Congress and the legislative branch as a whole immensely more power, which made it difficult in some cases to pass a certain bill that they believed in but Congress didn't. An example of this is President Bill Clinton's attempt to pass a health care reform bill that was rejected by Congress.
ReplyDeleteThe War Powers Act passed in 1973 was designed to limit the power of the commander in chief in sending U.S. armed forces into any situation without Congress's approval. According to the act the president must :
ReplyDelete1. Must consult with Congress before sending troops out
2. Report to Congress within 48 hours and then continuously about the circumstances and how long the troops will be deployed
3. Kill deployment within 60 days unless Congress has agrees with the deployment or the President requests an additional 30 days to protect personnel safety.
Congress can authorize direct withdrawal by passing a concurrent resolution in which the president is unable to veto.
The Congressional Budget Act of 1974 created first and far-most the House and Senate Budget committees. The 2 committees carry out hearings and give to the House and Senate a concurrent resolution that that has their estimates of the next year's revenue. The Appropriations Committee has to limit appropriations to equal up to the resolution sets or the House and Senate will "reconcile" the difference(s) by amendment.
This factor have affected relations between Congress and the Presidency in that they create friction whenever the President proposes a budget for the following year(s). The War Powers Act has affected relations between the Presidency and Congress in that it becomes harder for the President to try to withdraw troops after Congress has passed a declaration of war.
The president DOES NOT have to consult Congress before dispatching troops but he should inform them within 48 hours.
ReplyDeleteAll presidents claim the War Powers Act (Resolution) is unconstitutional but none have ever pushed Congress too far on this issue.
Presidents Bush obtained resolutions authorizing force in Iraq in 1991 and 2002.
The Budget Act of 1974 also established the Congressional Budget Office (CBO) to assist Congress with the budget.
Congress passed both these laws because they felt the president was assuming too much power in these areas and they wanted to gain more control.