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Task 2
Constitutionality of the War Powers Act
While each branch of government performs valuable and interesting roles on its own, fascinating results emerge when the branches interact with each other. You learned about the constitutional controversy around the War Powers Act in this unit.Congress passed this act as a response to a widespread perception that presidents had abused their power during the Vietnam War.
Since that time, many have questioned the constitutionality of the War Powers Act, including every president up through George W. Bush. Those for it argue that Congress has the right to oversee foreign policy matters. Those against it believe it infringes on the president’s constitutional role as commander in chief of the armed forces.
In this task, you will analyze the constitutionality of a particular power of a branch of the government, using the War Powers Act as your example.
Part A
Imagine that the president has deployed forces to intervene in a civil war in the Middle East. The purpose of the deployment is to protect the civilians in a large city from an imminent attack by their own government. The president claims that this urgent use of military force falls within the powers of the presidency as commander in chief, but does not reach the level of involvement that requires Congress to declare war. The president does not formally consult with Congress before ordering military action and does not provide a report to Congress in a timely manner.
In response, the House Armed Services Committee declares that the president violated the War Powers Act, demands that the president remove the troops, and formally brings the case to the Supreme Court to force action from the president.
You are a justice on the Supreme Court preparing to hear the case. Start by writing down your initial reactions to the situation. Based on what you know of the War Powers Act, which branch appears to be in the right? What questions would you ask during oral arguments to try to get each side to explain its point of view?
I am shocked that the president feels like he has full control of powers. He needs to consult with congress before making such a big decision. The Legislative branch is in the right. Why did you feel the need to not consult anyone? Why did you not try to communicate peacefully first? There are many questions that need to be answered.
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Part B
Once oral arguments are concluded and a verdict has been reached, you are asked to write the opinion for one group of Supreme Court justices: you can choose which side of the argument to support. Review this information about War Powers from the Library of Congress.
Using this information and the scenario discussed above, write a 250-word essay declaring whether or not the War Powers Act works within the constitutional authority of Congress. Cite evidence to support your claim, and use examples from the scenario to illustrate your points. Review the Process section below for help researching and writing your essay.
Process
Follow the steps below to complete your essay, and use the links provided to assist with your research and writing.
Gather sources. Begin by gathering additional sources to build your argument. Make sure that you examine your sources for accuracy. For each source, consider these questions:
Who authored the document?
What is the purpose of the document?
When was the document written?
How will this document help your argument?
Develop your argument. Now that you have analyzed sources to use as evidence, revisit the essay question. Then develop your argument with these factors in mind:
Your argument should be well supported by your research.
Match the evidence in your sources to the points in your argument.
Write your essay. As you write your paper, use quotations from and summaries of your sources to support your argument. Be careful to keep these ideas in mind:
To avoid plagiarism, make sure to cite your sources properly with in-text citations and a works cited page. Consult an online Style Guide if needed.
When you are finished, reread your essay to check for all of the points above, and then proofread it to be sure your work doesn’t contain errors in grammar or spelling.
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