Presidential commander-in-chief powers.

Full Answer Section The Federal judiciary has also played a role in checking Congress and the president's war powers. In the Youngstown Sheet & Tube Co. v. Sawyer case (1952), the Supreme Court ruled that President Harry Truman did not have the authority to nationalize the steel industry during the Korean War. The Court held that the president's power as commander-in-chief is not unlimited, and that it must be exercised in accordance with the Constitution. The War Powers Resolution and the Youngstown case are two examples of how Congress and the judiciary have attempted to limit the president's ability to wage war without their approval. However, the issue of presidential war powers is complex, and there is no easy answer to the question of whether Congress can prevent the president from waging war without their approval. The following are some of the arguments that have been made in favor of and against congressional limits on presidential war powers: Arguments in favor of congressional limits:

• Congress is the branch of government that is responsible for declaring war, and it should have the final say on whether or not the United States goes to war.
• The president's power as commander-in-chief is not unlimited, and it must be exercised in accordance with the Constitution.
• Congressional limits on presidential war powers can help to prevent the United States from becoming involved in unnecessary wars.

Arguments against congressional limits:

• The president needs to have the flexibility to respond to military threats quickly and decisively.
• Congressional limits on presidential war powers can make it difficult for the United States to defend itself against its enemies.
• The president is ultimately responsible for the safety of the nation, and he should have the authority to make decisions about the use of military force.

The debate over presidential war powers is likely to continue for many years to come. There are strong arguments to be made on both sides of the issue, and it is ultimately up to Congress and the president to decide how to balance the need for national security with the need for democratic accountability.

Sample Answer The War Powers Resolution of 1973 was passed by Congress in an attempt to limit the president's ability to wage war without congressional approval. The resolution requires the president to notify Congress within 48 hours of committing troops to military action, and it requires the president to withdraw troops within 60 days unless Congress declares war or specifically authorizes the use of military force. The War Powers Resolution has been challenged in court, and the Supreme Court has never ruled on its constitutionality. However, the resolution has been used by Congress to constrain presidential war powers on a number of occasions. For example, in 1999, President Bill Clinton ordered airstrikes against Serbia without prior congressional approval. Congress subsequently passed a resolution authorizing the use of military force in Serbia, but the resolution was not passed until after the airstrikes had begun.