1. President as Commander in Chief
How has the president’s power over the military expanded over time?

2. Article 2, Section 2
Article 2, Section 2 gives the president the following responsibilities:
Commander in Chief of the Army and navy
Must collaborate and seek advice of his advisors and cabinet members
Grant reprieves (commuting/pardoning federal prison sentences)
Pardoning members of his staff (even himself!)
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; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

3. Congress is supposed to declare war
1812 and for the next hundred years, U.S. presidents asked for and received congressional declarations of war against England, Mexico, Spain, Japan, and European powers.

4. When did the executive branch start to “declare war?”
President John F. Kennedy sent troops to defend South Vietnam without congressional declaration of war. - Eventually the Tonkin Resolution was passed authorizing President Lyndon Johnson to use force against North Vietnam.

5. How did the legislative branch attempt to regain control?
In reaction to U.S. involvement in Vietnam, Congress passed the War Powers Act:
limited the president’s authority to commit American troops abroad without Congressional approval
law was passed over the veto of President Richard Nixon (argued the law was an abridgement of the president’s authority as Commander in Chief)
The Act raises the questions:
How far does the president’s power as Commander in Chief extend?
And, how much of that power can be limited by Congress?

6. Discuss in your groups! How effective are the following checks on the power of the executive branch?
After committing forces into combat, the President must report to Congress within 48 hours.
Military action must end within 60 days unless Congress agrees to a longer period.
Congress may issue a 30 day extension or can declare war at that time
Congress may end the combat at any time, by passing a concurrent resolution.

7. Summary:
One way that Congress could restore the balance of power as it pertains to declaring war is _________________.