Civics on the Rocks

What are the President’s War Powers?

February 2, 2026·1h 12m
Episode Description from the Publisher

Steve points out the squishiness, Mack plays Devil’s advocate, and Anne declares war on Switzerland. REFERENCES The executive power shall be vested in a President: Constitution Annotated. “ArtII.S1.C1.1 Overview of Executive Vesting Clause.” https://constitution.congress.gov/browse/essay/artII-S1-C1-1/ALDE_00013790/ President shall also be Commander in Chief of the armed forces: Legal Information Institute. “Commander in Chief Powers.” Cornell Law School. https://www.law.cornell.edu/wex/commander_in_chief_powers Article I, Section 8, Clause 11, like we all know: Constitution Annotated. “Clause 11 War Powers.” https://constitution.congress.gov/browse/article-1/section-8/clause-11/ There’s this other part that says the President shall make sure that the laws be faithfully executed: Constitution Annotated. “ArtII.S3.3.1 Overview of Take Care Clause.” https://constitution.congress.gov/browse/essay/artII-S3-3-1/ALDE_00001160/ Other than, what is war: Merriam-Webster. “War.” https://www.merriam-webster.com/dictionary/war Going back to the Barbary pirates: Office of the Historian. “Barbary Wars, 1801–1805 and 1815–1816.” https://history.state.gov/milestones/1801-1829/barbary-wars In the Navy Act: Bisno, Adam. “President Washington Signs the Naval Act of 1794.” March 20, 2019. Naval History and Heritage Command. https://www.history.navy.mil/browse-by-topic/heritage/origins-of-the-navy/washington-naval-act-1794.html The famous six frigates: Naval History and Heritage Command. “U.S. Navy’s Six Original Frigates.” https://www.history.navy.mil/browse-by-topic/ships/original-frigates.html Or an amendment later: U.S. Capitol Visitor Center. “An Act for the Protection of Commerce of the U.S. in the Mediterranean, Passed by the Senate February 1, 1802.” https://www.visitthecapitol.gov/artifact/act-protection-commerce-us-mediterranean-passed-senate-february-1-1802 The Law of the Sea: National Ocean Service. “What is the Law of the Sea?” https://oceanservice.noaa.gov/facts/lawofsea.html The U.N. Charter has a “you can act in self-defense”: Codification Division Publications. “Chapter VII—Action With Respect to Threats to the Peach, Breaches of the Peace, and Acts of Aggression.” United Nations. https://legal.un.org/repertory/art51.shtml Armed conflict versus war: Save the Children. “What is Conflict and War?” https://www.savethechildren.org.uk/what-we-do/conflict-war When did we declare war on Vietnam: Editors of Encyclopedia Britannica. “Was the Vietnam War Technically a War?” https://www.britannica.com/question/Was-the-Vietnam-War-technically-a-war Was there a formal declaration of war: United States Senate. “About Declarations of War by Congress.” https://www.senate.gov/about/powers-procedures/declarations-of-war.htm George H. W. Bush said he did not believe he needed that authorization from Congress to proceed because it was a United Nations action: Keller, Kate. “An Unlikely Hardliner, George H. W. Bush Was Ready to Push Presidential Powers.” May 14, 2018. Smithsonian Magazine. https://www.smithsonianmag.com/history/unlikely-hardliner-george-h-w-bush-was-ready-push-presidential-powers-180969017/ Did Congress ever make a ruling on it: United States House of Representatives. “House Passage of the 1991 Resolution Authorizing the Use of Force Against Iraq." https://history.house.gov/HistoricalHighlight/Detail?id=35252 The Vietnam wa

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