Does the U.S President have the power to declare war without approval from congress?

Question

Does the U.S President have the power to declare war without approval from congress?

Answer 1

He has the power to MAKE (not Declare) war for 90 days without Congressional approval.

People, go back and read the Constitution and then answer...

Answer 2

No, but he can go ahead anyway. And GWB is likely to do it (Iran), before his term runs out.

Answer 3

No.  Only congress has the ability to declare War.  However, the president has powers as Commander-in-Chief to order an emergency deployment/mobilazation of troops.  This is limited in scope (a declaration of war has other legal ramifications) and in time (after a specific period - 90days? - Congress can decide it ends).  The Superior Court also has powers to determine the Constitutionality of an act of either branch, but this does not arise very often.

Answer 4

He is not supposed to have that power -- but he did it anyway when he declared war on Iraq.  And then Americans were stuck in supporting our leader, even though he broke the law.

The US president could send nuclear rockets all around the world -- which is why we do not want a crazy man or woman in the white house... and he could do it before Congress and the Senate met.

The congress and Senate are supposed to be part of the decision -- but not after the fact.

Answer 5

For this one, go ahead and take a look at the War Powers Act, which still hasn't been decided on by the supreme court.  The basis of the current situation is that the president can declare conflict and start a military engagement, but he can't officially declare war.  The problem is that at the point that he must declare war, Congress feels inclined to do so because the fighting has already been initiated.  It causes major issues because the president might as well be declaring the war himself.  The War Powers Act would change that, and it's already passed through Congress.

Answer 6

...Constitution?...what's thaaat?i think there use to be one of them before 2001?

Answer 7

Sort of. He has the power to send troops on a police action.

Answer 8

The POTUS doesn't have the power to declare war at all.  That is a congressional function.

Answer 9

congress has the sole authority to declare war as it is said in the constitution, if the president does declare war he would be breaking the law

Answer 10

He can declare war and engage in warfare, but only for a short amount of time. He eventually has to get approval or else he will have to abandon his campaign.

Answer 11

The president can send troops to fight for 90 without congressional approval. After that the congress must approve the war. Ex.: Bush 41 in Kuwait. Reagan in the 1980s in the middle east.

Answer 12

Only Congress can declare war - and that hasn't happened since December 7, 1941. But members of Congress, Presidents and other assorted public servants and bureaucrats have simply brushed that Constitutional provision aside at their whim, using the Constitution only as a piece of paper that they use to catch their political bird-droppings. In less than sixty years, we've become a nation that has abandoned our Constitution or used it only as we see fit. If our politicians [and our citizens] regard the Constitution as "just a piece of paper", we are in sight of losing our heritage of freedom and privilege.  -RKO-  06/24/08

Answer 13

He does.  However it can only be for 90 days with out congressional approval - congress pays for the war after that and if congress doesn't pay there is no war.  Example - Operation Desert Storm.

Answer 14

According to section 2 clause 1 of the consitution the President is "Commander in Chief of the Army and Navy of the United States" and according to Section 8 clause 11 the congress has the power "To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water".  Historicly the President has be able to use the Marines in any way he wants.  They are his personal guard and answer to him.  He has a 90 day limit, because the Congress must approve more fund to allow the Marines to operate passed 90 days in one place.

To sum up only the Congress can delcare war, but the President can use the military freely for a limited time, to responed to 9/11 for example.  The Congress then check him with the power of the purse by not aproving the money need to pay for long military actions.

Answer 15

No, an actual declaration of war can only come with the consent of the Congress.

Answer 16

No.  He cannot declare war.  He can mobilize the marines and declare military (police) action

Answer 17

As far as I remember, the President can't declare war without approval from Congress but the President can declare a "State of Emergency" (for an indefinite amount of time)- but I wouldn't know if there are specifice guidelines to determining what is or isn't a state of emergency. Gotta love bureaucracy!!!

Answer 18

According to the constitution?  No.

In Real World Practice?  They ignore the constitution, both parties Dems and Repubs use the Constitution as toilet paper.  They just cherry pick little parts of and go see we're for the constitution and your not....  bunch of liars.