Full Answer Section

• President:

  • Powers:
    • Commander-in-Chief of the Armed Forces.  
    • Conducts foreign policy and diplomacy.  
    • Can deploy troops without a formal declaration of war in certain circumstances.
  • Check: The President is subject to the laws passed by Congress and can be impeached by Congress for abuses of power.  

• Supreme Court:

  • Powers:
    • Judicial review of national security laws and executive actions.  
    • Adjudicates cases involving civil liberties and national security.
  • Check: The Supreme Court can declare laws or executive actions unconstitutional if they violate the Constitution or individual rights.  

Why hasn’t Congress declared war since WWII?

Several factors contribute to the lack of formal declarations of war since World War II:

• The War Powers Resolution: This 1973 law limits the President’s ability to use military force without congressional approval. It requires the President to notify Congress within 48 hours of deploying troops and limits the duration of military operations without congressional authorization.  
• Shifting Global Landscape: The nature of warfare has changed significantly since WWII. Conflicts often involve smaller-scale operations, counterterrorism efforts, and peacekeeping missions, which may not be easily categorized as traditional “wars.”  
• Political Considerations: Declaring war is a significant political decision with significant domestic and international consequences. Politicians may be hesitant to declare war due to public opinion, political opposition, and the potential for unintended consequences.
• Use of Alternative Authorizations: Congress has authorized the use of military force in various situations, such as the Authorization for Use of Military Force (AUMF) following the 9/11 attacks. These authorizations have provided the legal basis for many military operations since 2001.  

While the lack of formal declarations of war raises concerns about the balance of power between Congress and the President, it also reflects the evolving nature of international relations and the challenges of defining and conducting warfare in the 21st century.