America is super power of the world after the war that happened against Russia and it got separated from Soviet Union. The conditions of wars are always very difficult. The decisions that need to be taken at that point of struggle always defines the future of nations and country. War combines the state and local government to stand on a single platform to take serious steps for eliminating the terrorism from the country. From point of view of Tocqueville it was known that president of United States of America is empowered by the constitution to take decisions for the foreign policies. Further , he observed that the presence of such policies make him strong but at the same time circumstances made him weak because America was not surrounded by neighbours and Union was weaken day by day. After that during the world war one it was observed that central government was neglected and serious decisions were made on behalf of some executive members. This caused the more irregular form of political circumstances. Then in world war two the expectation was to increase the centralization decisions but the breakdown of Soviet Union caused many imbalanced situations. Then the next instances caused the situations to change and major attacks of September 11, 2001 happened. This caused major changes in constitution with respect to war decision making. According to Nany Kassop, placing the whole power of war call in the hand of congress is equivalent to forget the wisdom of former American policy makers. But according to Richard M. pious, the president did not exceeded his power or words rather it was handed over to him through court rules by Congress. For these two defences and visions, I am supporting the vision of Nany Kassop who was against to give power to Congress for war calling. The arguments that were presented in support of Kassops and the internal knowledge of his theory of understanding are discussed. First, he stated about constitution that it is a continuous struggle for keeping the integrity of America’s foreign policy. Second, the articles 1 and 2 gave powers to different ruling bodies. In article 1, Congress got all power for deceleration of war and controlling army with navy. Then in article 2, president is made the commander in chief of the Army and Navy of Unites States of America but the whole power is not given to him. He has the power of a specific portion in specific circumstances that limit him from hi authorities and command goes towards the Congress. Third, it was authorized from that constitutional convention that president have the war direction when it is declared that war has occurred. Fourth point is that calling of President is in the power of Congress, if it calls him then Commander in Chief who is president has the authorization to used force of war. Fifth, professor Louis Hankins highlighted this point that Generals from army do not estimate the political policies but they just command the troops according to policies that are given to them by others. Sixth point discussed is in article 1 the notes were changed from to make war to declare war that indicates that president got the power to stop sudden attacks without the permission from the Congress. At this point many things are made unclear as the president has the power to lead when the circumstances are defensive. In case of need for offensive military attack the consent of Congress is required. So, the conditions at the minimum level were that the offensive steps must be ordered by Congress and the joint actions are required to be signed by Congress and the President. From the point of view of President, he cannot act in open ended situation unless the power is shifted to President from the Congress side with the joint action of military. This reference is used in above paragraph (Resolved, Presidents have usurped the war power that rightfully belongs to Congress) According to previous record, it must be handed over by Congress to President for the approval of military forces use but many presidents violated the requirements by making decision on their behalf. The examples from history are such that Truman’s from 1950 sent troops without the permission of congress. Similarly in 1951, Secretary of Dean Acheson supported the President’s stance for using his power for ordering the military forces for taking actions. The arguments support President’s situation like even Congress made military to follow their instructions and they invested much money for its maintenance but President is the representator of the whole nation at different platforms and the also an ambassador of peace. Also at certain points it considered an important situation to follow the instructions of President because there were many matters on which Congress turned blind eye and made it difficult for many people to live for their human Rights. A law named as War Power Resolution was passed by Congress over the President Richard’s Nixon’s veto. The purpose of this law was to ensure the combined agreement of President with Congress to ensure the collective decision applied onto the United States of Armed Forces. An argument raised for President’s power that court does not treat him fairly and don’t stop him from doing illegal use of his powers.
In the issue of September, 2011 the Bush followed all laws like