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Can a President start war or military conflict without the approval of Congress, explain in detail?

User Jerri
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Final answer:

The President has the ability to initiate military action without Congressional approval, utilizing powers given by the War Powers Act of 1973, which allows military engagement for up to 60 days. This has been evidenced in historical precedents when presidents acted without a formal declaration of war by Congress.

Step-by-step explanation:

The powers to start a war or military conflict in the United States have been the subject of debate, especially in the context of the relationship between the President and Congress. According to the Constitution and historical practice, while the power to declare war formally lies with Congress, presidents have initiated military actions without explicit declarations of war, particularly since World War II. Congress attempted to clarify and restrict these powers through the War Powers Act of 1973.

This legislation established that presidents must consult with Congress before sending troops into combat, report to Congress within forty-eight hours after deploying troops, and withdraw them after sixty days unless Congress has granted authorization or declared war.

However, this act has often been interpreted to strengthen the president's hand, as it allows the president to commit troops for sixty days without Congressional approval. In practice, Congress has historically supported presidential military action, and it has been rare for Congress to reverse a president's military initiative, especially once forces have been deployed.

In conclusion, the President does have the capacity to initiate military engagements without prior Congressional approval, largely drawing upon the powers outlined in the War Powers Act, combined with precedent and the interpretation of the President's role as Commander-in-Chief.

This has been demonstrated in various instances, such as the involvement in Libya in 2011 under President Obama when he ordered military action without seeking Congressional authorization initially.

User Michael Yousrie
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