#56: CIVICS 101: The Legislative Branch
Q&A #56: Who controls use of the armed forces?
Our American Government
Our American Government is a small book published by the House of Representatives for citizens and those who seek a greater understanding of the American interpretation of democracy. It follows a question-and-answer format and covers a broad range of topics dealing with the three branches of our Government, the electoral process, and the role of political parties.
The Savvy Citizen is reproducing the 169 questions-and-answers through a series of posts called Civics 101. Each post will contain the Q&A as well as some additional commentary to add historical context, fun facts, or anything we believe will add to our collective understanding of these topics.
Think of it as your adult Civics class but without the test!
Let’s keep at it.
SECTION: The Legislative Branch: The Congress
Congressional Process and Powers
Q&A #56: Who controls use of the armed forces?
The Constitution (Article II, Section 2) states that the President is the Commander in Chief of the Army, Navy, and, when it is called into Federal service, State Militias (now called the National Guard).
Historically, Presidents have used this authority to commit U.S. troops without a formal declaration of war.
However, the Constitution reserves to Congress (Article I, Section 8) the power to raise and support the armed forces as well as the sole authority to declare war.
These competing powers have been the source of controversy between the legislative and executive branches over war making. In 1973 [in response to the Vietnam “War”], Congress enacted the War Powers Resolution, which limits the President’s authority to use the armed forces without specific congressional authorization, in an attempt to increase and clarify Congress’s control over the use of the military. But the resolution has proven controversial, its operations has raised questions in Congress and the executive branch.
In addition, the armed forces operate under the doctrine of civilian control, which means that only the President or statutory deputies can order the use of force. The chain of command is structured to insure that the military cannot undertake actions without civilian approval or knowledge.
My Thoughts
From the National Archives and Records Administration (NARA) - nixionlibrary.gov
[H]eavy U.S. military involvement in the prolonged Korean and Vietnam conflicts of the 1950s and 1960s without congressional declarations of war blurred the lines between presidential and congressional power regarding the approval and conduct of war.
Congressional frustrations peaked during President Nixon’s administration when secret bombings of Cambodia during the Vietnam War were ordered without congressional consent. Congress passed the War Powers Resolution of 1973, intending to limit the President’s authority to wage war and reasserted its authority over foreign wars.
President Nixon vetoed the bill.
However, Congress overrode his veto, and the resolution became law following the U.S. withdrawal from Vietnam in early 1973.
Since the War Powers Resolution of 1973, sitting Presidents have submitted over 132 reports to Congress. These include the airlift and evacuation operations carried out in Cambodia (1975), committing forces to Beirut, Lebanon (1982/83), the Persian Gulf War (1991), and beyond.
Challenges to the resolution include Ronald Reagan's deployment of troops to El Salvador in 1981, the continued bombing of Kosovo during Bill Clinton's administration in 1999, and military action initiated against Libya by Barack Obama in 2011.
The War Powers Resolution has been controversial since its inception. The executive branch continuously cites the need for greater flexibility in militarily protecting U.S. interests abroad, while the legislative branch states its need to maintain its check on presidential power.
… you to explore the War Powers Resolution’s complete transcript here.
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Back next time with Q&A #57: What is the procedure to commit the country’s military force to war?
Meanwhile, don’t forget that we’re organizing the post links on a single page available here.
xo,
Kelley for the Savvy Citizen Team
March 3, 2025