I have totally learned that assigned topics are some of the most exhausting speeches to prepare. When you aren't interested or passionate about something it's very, very hard to get going. But I guess that's the point of this whole process so here's what I plan to deliver tonight. I'm not sure I fully understand The War Powers Act but I've done my best to inform an audience. Hopefully they don't notice the speaker doesn't give a rats bum ;)
"The War Powers
Act is legislation that has been largely ignored by Presidents in the last 40
years. This has weakened the Presidency
and the Congress to the detriment of the Checks and balances of our legislative
process." Throughout this speech I
will discuss exactly what the War Powers Act is, why it was created and how it weakens
the system when it’s not upheld.
First of all, the War
Powers Resolution of 1973 is more commonly known as the War Powers Act. As stated by ProPublica.org, the law was
passed after the United States fought the Korean and Vietnam wars without
actual declarations of the war. PearsonHighered.com a renowned source helping
educators educate states that the Act was “passed by Congress over President
Nixon’s veto to increase congressional control over the executive branch in the
foreign policy matters, specifically in regard to military actions short of
formally declaring war. It also states,
“Its central provision prohibited the President from engaging in military
actions for more than sixty days, unless Congress voted approval.” The President is also required to inform
Congress within 2 days.
To better explain the
balance of powers first I did some reading from The Law Library of Congress
(loc.gov) it states that war powers of the federal government are divided amongst
different branches – the Executive Branch and the Legislative Branch. The current President of the United States
has the power as Commander and Chief of the United States armed forces (which
includes the Army, Navy, Air Force and Marines) while the Congress has the
power to make the actual declaration of war and to financially support the
armed forces.
According to TheNewYorkTimes.com,
“under the act the President can only send combat troops into battle into areas
where “imminent” hostilities are likely.
In my lifetime (the last twenty seven years) only one President has
successfully abided by the act to the full extent. Loc.gov states that “in the wake of the
terrorist attacks on the World Trade Center and the Pentagon, Congress did in
fact pass what’s known as “Public Law 107-40 which authorized President George
W. Bush to “use all necessary and appropriate force against those nations, organizations,
or persons he determines planned, authorized, committed, or aided the terrorist
attacks that occurred on September 11, 2001, or harbored such organizations or
persons, in order to prevent any future acts of international terrorism again
the United States by such nations, organizations or persons.”
September 11, 2001
became the first time a joint resolution was agreed upon to “authorize for use
of Military Force”. By joint resolution
this means the President ant the Congress both agreed that force was indeed
necessary and just at that time.
The War Powers Act is
legislation that has been largely ignored by Presidents in the last 40
years. First, President Reagan in 1981
sent military into El Salvador and into a battle that went on for years –
violating the timeframe of 60 days. In 1999
President Clinton ignored the Act during the bombing campaign in Kosovo and
more recently in 2011 when President Obama alone approved an attack on Libyan
forces. The recent attack included a
mission to enter Osama Bin Laden’s bunker and kill him. This drawn out mission cost more than 75
million dollars in US funding.
The War Powers Act
has remained a controversial topic for decades because President’s insist it’s
unconstitutional, ill-conceived and ineffective. According Arthur Schlesinger Jr., a well-known
historian, the Act is somewhat a “toy handcuff”. Obama (Senator at the time) quoted “The
President does not have the power under the Constitution to authorize a
military attack in a situation that does not involve stopping an actual or
imminent threat to the nation.” This
coming from the same man; now President, who downright ignored seeking
congressional approval. He claims going
into Libya with heavily armed military officials wasn’t a war, it’s a piddling
was, that we are leading from behind.
This continued
disregard of this War Powers Act has weakened the Presidency and the Congress
to the detriment of the Checks and balances of our legislative process. The checks and balance system is in place so
that one branch isn’t more powerful than the other. It balances out not allowing the President to
launch ill-advised military action that is unlawful.
With the country in
utter chaos… high percentage rates of unemployment, housing market plummeting
at rapid speed, more foreclosures and banks unable to recoup funds lost, economic
crisis on Wall Street and the price of everything including gas, groceries and
even entertainment going up – the last thing we need to do is fight a war
that’s not even declared one. We also
need to be sure we’re just in our actions as our actions effect a country and
the people fighting to protect it.
Senator Rand Paul
said it best when he quoted to CNN, “to me, it’s the most important debate we’ll ever have… If we’re going to send
someone, your son or my son to war, it’s important that it be done properly,
and it’s important that if there are constitutional restraints, we obey them”.
Basically the
Constitution was created based on compromise from all parties; much like the
creation of the War Powers Act. It’s to
the benefit of the entire nation to have both the Commander-in-Chief and the
Congress are on the same page and the end result it justified and most
importantly authorized by funding and military power together.
Going forward I think
it’s wise to abide the laws of our founding fathers just like every citizen has
to in the United States. When you do
something illegal you get arrested and answer to the law. At some point we all have to answer to
someone and no one person, not even the President of the United States, should
be able to possess “executive privilege” as once quoted by Richard Nixon during
his presidency. We definitely need to
focus on abiding to the Constitution instead of side stepping policies that
ultimately effect he lives of many fighting and people paying. Action should be taken against those who don’t
uphold their duties to abide by the Constitution and even the President should
be held accountable for his actions.
Otherwise legislation will continue to be side stepped and an example
will never bet set to uphold the foundation we were built upon.
I hope this speech
has informed you because it sure opened a learning opportunity for me. I have told you exactly what the War Powers
Act is, why it was created and how it weakens the system when it’s not upheld.
Sources:
NYTimes.com. The New York Times Company. 2012.
4 June 2012. http://www.nytimes.com/1984/03/29/world/how-war-powers-act-works.html
ProPublica.org. Pro Publica Inc. 2012. 4 June 2012. http://www.propublica.org/blog/item/what-exactly-is-the-war-powers-act-and-is-obama-really-violating-it
PearsonHighered.com. Pearson Education. 2012. 4 June 2012.
Loc.gov.
The Law Library of Congress.
2012. 4 June 2012. http://loc.gov/law/help/war-powers.php
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