Presidents and War Powers

Matthew Waxman, Presidents and War Powers (Nov. 14, 2018)

Columbia Public Law Research Paper No. 14-610

5 Pages Posted: 16 Nov 2018

Date Written: November 14, 2018

Abstract

The U.S. Constitution vests the president with “executive power” and provides that “The President shall be Commander in Chief of the Army and Navy,” while it endows Congress with the power “To declare War.” These provisions have given rise to two major questions about presidential war powers: first, what should be the president’s role in taking the country to war, and, second, what are the president’s powers to direct its conduct. Historian Michael Beschloss’s new book, “Presidents of War,” examines how presidents have responded to each of these questions across two hundred years of U.S. history.

The major argument of this book is that presidents have gradually assumed greater power over decisions to go to war—contrary, in his view, to the constitutional founders’ vision. Although the book does succeed in offering some new insights into how that accretion of that power occurred, its more original contribution lies in its depictions of how presidents have handled and managed the tasks of waging war. Those responsibilities for the management and supervision in the conduct of America’s wars have grown more complex as warfare has evolved—and they, too, look nothing like what the founders expected or might even have imagined. The book also puts an important focus on the continually shifting relationship between war-initiation powers and war-waging powers throughout the course of American history.

Keywords: war powers, presidential power, civil-military relations, Michael Beschloss, declare war clause, commander in chief

Suggested Citation

Waxman, Matthew C., Presidents and War Powers (November 14, 2018). Matthew Waxman, Presidents and War Powers (Nov. 14, 2018); Columbia Public Law Research Paper No. 14-610. Available at SSRN: https://ssrn.com/abstract=3285497

Matthew C. Waxman (Contact Author)

Columbia Law School ( email )

435 West 116th Street
New York, NY 10025
United States
212-854-0592 (Phone)
212-854-7946 (Fax)

HOME PAGE: http://www.law.columbia.edu/fac/Matthew_Waxman

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