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coursehero7 - Professor Gerald Brennan Constitutional Law...

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Constitutional Law April 18, 2006 The War in Iraq Since October 16, 2002, one of the most hotly debated issues in our country has been the American involvement in Iraq. While media attention has focused on the political and moral questions related to our occupation, the American public does not hear much about the interesting constitutional issues surrounding the war. There has always been controversy over who has the authority to send troops to war. According to the text “Constitutional Law for a Changing America: Institutional Powers and Constraints”, the controversy stems from what seems to be a conflict in Articles I and II of our constitution. Article II states that the President is the commander in chief of the armed forces; while Article I states that Congress has the power to declare war. 1 According to Jacob G. Hornberger, founder of The Future of Freedom Foundation: “Our Founders divided war into two separate powers: Congress was given the power to declare war and the president was given the power to wage war. What that means is that under our system of government, the president cannot legally wage war against another nation in the absence of a declaration of war against that nation from Congress.” 2 With this information in mind, it seems obvious that the different branches of the government have not properly exercised their powers in the case of Iraq. Dr. Hornberger continues: Therefore, when a U.S. president wages what might otherwise be considered a just war, 1 Lee Epstein. Thomas G. Walker. “Constitutional Law for a Changing America: Institutional Powers and Constraints” 282. 2
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This note was uploaded on 04/20/2008 for the course LAW 221 taught by Professor Brennan during the Fall '07 term at Ramapo.

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coursehero7 - Professor Gerald Brennan Constitutional Law...

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