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BYU Studies Quarterly

BYU Studies Quarterly

Authors

Van L. Perkins

Keywords

War, emergency powers, United States

Abstract

Although constitutionally the Congress has the power to declare war, throughout U.S. history the President has usurped this power. Cases such as the Mexican War, the French Naval war, and the China Relief Insurrection before World War I are all instances when the President took the initiative in entering a war without an official declaration by Congress. In the case of both World Wars, presidential policies prior to the wars left little choice to Congress. The article examines the U.S.'s involvement in the Korean War and the Formosan Resolution. In the future, the President must be careful not to overstep his authority, and Congress must be willing to take responsibility for the power that is constitutionally theirs.

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