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War Powers In The American Constitutional Scheme: A Legal-Historical Inquiry, Max Guirguis

Commonwealth Review of Political Science

Since World War II, there has been a significant shift in the balance of war­ making power between the executive and legislative branches. Although the Constitution reserves the formal power of declaring war exclusively for Congress, modern presidents have increasingly mm·ginalized Congress in times of international tension or conflict by acting unilaterally without congressional authorization. Congress has lent impetus to this problematic trend by failing to take decisive action whenever its war-making power is usurped by the executive. The War Powers Act of 1973 has not been successful in curbing the exercise and expansion of executive war- making power because …