Friday, May 24, 2019

A Parade of Imperial Presidencies

Prior to World War II, the American public, with the meatgrinder of World War I in mind, was reluctant to get involved in a second major European conflagration.

For even justifiable wars, Congress's ability to decide whether the nation will be at war or at peace, which the Constitution gave to Congress with the power to declare war, is eroded when presidents take prior actions that can precipitate war, or render it more likely, before the legislative body has a chance to decide such a vital matter.

The "Imperial presidency" first arose after World War II during the Cold War, when President Harry Truman completely dispensed with Congress's war power by simply sending U.S. forces to the Korean War without any prior congressional approval.

During the Truman administration, the National Security Act of 1947 significantly augmented the institutional powers of the presidency by creating the National Security Council in the White House, consolidating presidential control over the armed forces by establishing the Department of Defense, and creating the CIA, which would be used by presidents to conduct wars without the knowledge of Congress or the American people.

Although the Civil War, World War I, and World War II were expansive wars and led to congressional acquiescence of large transfers of power to the executive branch, U.S. involvement in these wars lasted only a few years and many of the transferred powers lapsed after the war ended.

Although legislative pushback came after the Watergate scandal and President Richard Nixon's abuse of the broad authority of the congressional resolution approving the war in Southeast Asia to escalate the conflict into Cambodia and Laos, Congress's effort to claw back some of the power through legislation limiting executive power largely failed.

Another long war, the war on terror after the 9/11 attacks, also led George W. Bush to claim, like Truman, that he had the right, as commander-in-chief, to override congressionally passed laws during an emergency.

https://www.theamericanconservative.com/articles/a-parade-of-imperial-presidencies/

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