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AP U.S. Government and Politics Congress, the President, and the War Powers The Executive Branch Directions: As we go through this lesson and the documents, respond to the numbered questions below in your notebook. Article I, Section 8: “The Congress shall have Power C To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; C To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; C To provide and maintain a Navy; C To make Rules for the Government and Regulation of the land and naval Forces; C To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; C To provide for organizing, arming, and disciplining, the Militia,...” Article II, Section 2: “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States...” 1. What is your sense of the Founders' thoughts on the use of war powers? 2. What balance of power between Congress and the President did the Founders intend to create? Why did they do it that way? War of 1812: The first war under the Constitution Read the quotes on Handout 1. 3. Describe the authors' views of the war making responsibilities of Congress and the President. 4. How do these views compare with the clauses of the Constitution your just read? 5. Assess how closely Congress and the President observed the Founders' vision this first time the United States fought a war under the Constitution. Group document analysis of primary source documents and presentations. Evaluate each document to assess the viewpoint of the author regarding the use of war powers by the executive or legislative branches. Prepare a summary presentation in which you: C Give the title of the documents, C summarize their content, and C share the group’s assessment of the viewpoint on war powers of the executive and/or legislative branches as expressed by the author.

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AP U.S. Government and Politics Congress, the President, and the War Powers

The Executive Branch

Directions: As we go through this lesson and the documents, respond to the numberedquestions below in your notebook.

Article I, Section 8:“The Congress shall have PowerC To declare War, grant Letters of Marque and Reprisal, and make Rules concerning

Captures on Land and Water;C To raise and support Armies, but no Appropriation of Money to that Use shall be for a

longer Term than two Years;C To provide and maintain a Navy;C To make Rules for the Government and Regulation of the land and naval Forces;C To provide for calling forth the Militia to execute the Laws of the Union, suppress

Insurrections and repel Invasions;C To provide for organizing, arming, and disciplining, the Militia,...”

Article II, Section 2:“The President shall be Commander in Chief of the Army and Navy of the United States, and ofthe Militia of the several States, when called into the actual Service of the United States...”

1. What is your sense of the Founders' thoughts on the use of war powers?

2. What balance of power between Congress and the President did the Founders intend tocreate? Why did they do it that way?

War of 1812: The first war under the ConstitutionRead the quotes on Handout 1.

3. Describe the authors' views of the war making responsibilities of Congress and thePresident.

4. How do these views compare with the clauses of the Constitution your just read?

5. Assess how closely Congress and the President observed the Founders' vision this firsttime the United States fought a war under the Constitution.

Group document analysis of primary source documents and presentations.Evaluate each document to assess the viewpoint of the author regarding the use of war powersby the executive or legislative branches. Prepare a summary presentation in which you:C Give the title of the documents, C summarize their content, and C share the group’s assessment of the viewpoint on war powers of the executive and/or

legislative branches as expressed by the author.

War Powers Resolution (aka War Powers Act)Read the document set related to the WPR. Reflect on the changes over time in the exercise ofwar powers by the two branches of government.

6. Is there a pattern to the change? Why might it have changed? Have the changes beenpositive or negative? Why?

7. Revisit the Guiding Question: What is the ideal balance of power between the Presidentand Congress with respect to war?

Final Discussion: Planning for the FutureAs future voters, you may have to decide whether or not to support U.S. military action, andwill need to understand who exercises which war powers. Choose one of the followingquestions to discuss in your group, and then write a response on a separate sheet of paper tobe turned in.

8. What are the pros and cons of having Congress or the President in charge of making war?Each option reflects different values:

o consensus-building vs. speedo democratic process vs. secrecyo debate vs. unity

These conflicting concepts can be fleshed out into statements reflecting alternate values.Read the following value statements, and select which you agree with, and explain why.

a. The legislature takes too long deliberating when immediate action may be needed.b. The executive may move too fast before the citizenry are fully supportive of the

military effort.c. Open deliberation of war plans by the legislature provides a strategic advantage to

the enemy.d. Secret war plans made by the executive undermine the very idea of democracy that

the nation is fighting to preserve.e. Debate of different plans in the legislature may ultimately create a strong public

consensus.f. Unitary control of war by the executive unites the nation behind one plan.

9. What are the roles of the legislature and executive when hostilities exist without adeclaration of war? (e.g., Cold War, war on terror)

10. Is the Founders’ belief in congressional control of war powers still workable in the 21stcentury? Should the Constitution be amended? If yes, compose the text of the proposedamendment. If no, explain why not.

11. Return to the essential question: What is the ideal balance of power between thePresident and Congress with respect to war? If it is off balance now, how does one fix it?