Article III The Judicial Branch | Constitution 101

[@VilmaPetrash]

The speaker makes an incorrect statement. In minute 2:37 he says "The President has the sword. He can declare war," which is not accurate. The Constitution grants Congress the sole power to declare war. More specifically, Article I, Section 8, Clause 11 of the U.S. Constitution grants Congress the power to declare war. The President, meanwhile, derives the power to direct the military after a Congressional declaration of war from Article II, Section 2, which names the President Commander-in-Chief of the armed forces. However, what has happened in practice is that Congress has made use of that power on 11 occasions, including its first declaration of war with Great Britain in 1812 and the last through its formal declaration of war during World War II. Since then, Congress has agreed to resolutions authorizing the use of military force and continues to shape U.S. military policy through appropriations and oversight. Therefore, an accurate statement regarding the war powers of the President is to say that the Constitution divides war powers between Congress and the president. Only Congress can declare war and appropriate military funding, yet the president is commander in chief of the armed forces and can deploy US military forces overseas and order the military to defend the country against an attack without Congress authorization BUT for a limited period of time. This has been reasserted by Congress since the passing of the War Powers Resolution in 1973, a law passed by Congress to reassert its war declaring powers and limit the powers of the President, so that any sustained military action (e.g. for more than 60 days) would require congressional approval. Specifically, the main provision of this law is that presidents can only take military action for 60 days before they need to get statutory approval from Congress. However, it does not stop presidents from acting unilaterally and for a limited period of time to put U.S. troops on the ground in the first place.

[@bornfree3124]

Let's elaborate on which parts of the Constitution helps the people, and limits gov powers.