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Constitutional Law • Executive Power
CONLAW#030
Legal Definition
The President has no power to declare war, but has broad power as commander-in-chief to use American troops already deployed in foreign countries (which is a political question).
Plain English Explanation
The Constitution gives Congress the exclusive power to officially declare war against another country. This provides an important check on the President's powers. However, once Congress has approved military action abroad, the President has broad authority as commander-in-chief of the armed forces to determine how the troops are used.
For example, if Congress authorizes military force in a region, the President can decide to bomb certain targets, move troops to new positions, or engage in other tactical decisions. The courts treat these types of decisions as "political questions" that are not subject to judicial review. So in practice, the President has a good degree of flexibility in directing troops during an authorized conflict.
For example, if Congress authorizes military force in a region, the President can decide to bomb certain targets, move troops to new positions, or engage in other tactical decisions. The courts treat these types of decisions as "political questions" that are not subject to judicial review. So in practice, the President has a good degree of flexibility in directing troops during an authorized conflict.
