William_T._Bianco,_David_T._Canon]_American_Polit

428 Chapter 12Chapter 12 || The PresidencyThe Presidency

rather than directly change policy. For example, the “catch and release” order did not

command the Border Patrol to hold all illegal immigrants for trial; rather, it instructed

the agency to determine what changes would be needed to implement this practice.

Moreover, efforts to implement Trump’s executive orders on refugees have been

overturned or narrowed by the federal courts.

In the main, when the president issues an order that makes real policy changes and

Congress does not respond, it means that congressional majorities agree with the

president’s actions or there is already a law giving the president the authority that he or

she is exercising in the order. In the case of the order that sent National Guard troops to

the U.S.-Mexico border, for example, Trump has the authority to do this because he is

the commander in chief.

Commander in Chief

The Constitution makes the president the commander in chief of America’s military

forces but gives Congress the power to declare war. These provisions are potentially

contradictory, and the Constitution leaves open the broader question of who controls

the military.^13 In practice, however, the president controls day-to-day military

operations through the Department of Defense and has the power to order troops

into action without explicit congressional approval. For example, both the Trump and

Obama administrations have joined over a dozen other nations to aid rebel forces in the

Syrian civil war. They have provided arms and training to rebel fighters and conducted

air strikes against ISIL and Syrian government forces, most recently in 2018, with an

attack on Syrian chemical weapons production and storage facilities. Similarly,

the 2011 attack on Osama bin Laden’s compound was carried out without prior

congressional approval, although some congressional leaders were notified in advance.

In fact, even though the United States has been involved in hundreds of military conflicts,

there have been only five declarations of war: the War of 1812, the Mexican-American War

(1846), the Spanish-American War (1898), World War I (1917), and World War II (1941).

As a way of restraining presidential war-making power, Congress enacted the

War Powers Resolution of 1973 (Nuts & Bolts 12.2 lists the specific provisions of the

resolution). However, a 2004 report by the Congressional Research Service found

that between 1975 and 2003, despite dozens of U.S. military actions—ranging from

embassy evacuations to large-scale operations, including the invasions of Iraq and

Afghanistan—the War Powers Resolution has been formally used by Congress to limit

NUTS

& B O LT S

12.2

The War Powers Resolution of 1973

Source: Richard F. Grimmett, “The War Powers Resolution: After Thirty Years,” Congressional Research Service Report RL32267, March 11, 2004,

http://www.hsdl.org/?view&did=446200 (accessed 10/1/18).

1. The president is required to report to Congress any introduction of U.S. forces into hostilities or imminent hostilities.


2. The use of force must be terminated within 60 days unless Congress approves of the deployment. The time limit can be
   extended to 90 days if the president certifies that additional time is needed to safely withdraw American forces.


3. The president is required whenever possible to consult with Congress before introducing American forces into hostilities or
   imminent hostilities.


4. Any congressional resolution authorizing the continued deployment of American forces will be considered under expedited
   procedures.

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