Author

Samuel Day

Date of Award

4-2014

Document Type

Thesis

Department

Social Studies

First Advisor

Patrick Donnay

Abstract

In September of 2013, President Obama asked Congress to take a vote that would authorize the United States to use military drones against the Syrian army and provide support for the Syrian rebels. This action by President Obama raised the question that many have been wondering since the creation of our country, who has the power to declare war and initiate hostilities against those who threaten the United States? My thesis focuses on the War Powers Resolution of 1973 and the arguments surrounding its Constitutionality, specifically the arguments supporting the Executive or Legislative branches. For my research supporting the argument for the Executive branch, I focus primarily on John C. Yoo’s The Continuation of Politics by Other Means: The Original Understanding of War Powers which gathered a lot of attention for his controversial interpretations. The critiques of Yoo’s War Powers argue that his research misinterprets the original intentions of the Framers’ and that they actually intended for Congress the right to declare war considering that they had just finished the American Revolution because the British King held too much power. The research gathered will provide the different situations that the President is authorized to use military forces against our Country’s opposition.

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