William_T._Bianco,_David_T._Canon]_American_Polit

56 Chapter 2Chapter 2 || The Constitution and the FoundingThe Constitution and the Founding

of 1812. The other “declarations” recognized a state of war that already existed. (For

example, after Japan bombed Pearl Harbor, Hawaii, in 1941, Congress’s subsequent

declaration of war formally recognized what everyone already knew.) As the 2003

invasion of Iraq demonstrated, if a president is intent on going to war, Congress must go

along or get out of the way.

However, the president’s war powers are not unlimited. If President Trump really

wanted to start a nuclear war in North Korea (rather than simply using strong rhetoric

as a bargaining tool), it is likely that cooler heads would prevail. Also, since the Vietnam

War, Congress has tried to redress the imbalance in the war powers in a variety of

ways. In 1970, during the Vietnam War, Congress passed a resolution that prevented

any funds from supporting ground troops in Laos or Cambodia (nations that bordered

Vietnam). Congress passed the War Powers Resolution in 1973 to further limit the

president’s war powers (this will be discussed in more detail in Chapter 17). In 2013,

Congress was strongly opposed to a military strike against Syria in response to its use

of chemical weapons against its own people. A showdown with President Obama, who

favored a strike, was averted when Syria agreed to allow weapons inspectors to destroy

its chemical weapons stockpile. These examples show that although the president

continues to dominate the war powers, Congress can assert its power when it has the

will—just as it can by advising the president in treaty negotiations or by withholding

approval of the president’s nominees for appointed positions.

Negative or Checking Powers

The last part of the system of checks and balances is the negative power that the

branches have over one another. These powers are especially important to ensure that

no single branch dominates the national government.

Congressional Checks Congress has two important negative checks on the other

branches: impeachment and the power of the purse. The impeachment power allows

impeachment

A negative or checking power over the

other branches that allows Congress

to remove the president, the vice

president, or other “officers of the

United States” (including federal

judges) for abuses of power.

This painting, which hangs in the

Capitol rotunda, shows General

George Washington resigning his

commission as commander in chief

of the Continental Army. This set the

precedent that democratically elected

officials would control the U.S. military.

Full_03_APT_64431_ch02_030-069.indd 56 16/11/18 1:34 PM