Summary Essay Example | Topics and Well Written Essays - 500 words - 18

Summary - Essay Example The Scales seem to point heavily in favour of presidential primacy as the most prudent and effective approach. It is clear that the Framers agreed that there should be no absolute seat of power. This was achieved by dividing power across the three separate branches of government. Framers were willing to trade military and diplomatic efficiency to preclude either branch from consolidating authority and achieving absolute power. Article I Section 8 states that congress† shall have power†¦to declare war.† Article II Section 2 states that â€Å"The President shall be the Commander-in-Chief.† Unfortunately matters are not so clear and straight forward. The authority of the president as commander-in-chief ought to exist without limitation, because it is impossible to foresee or to define the extent and variety of national exigencies. The political thinker Hugo Grotius noted that a declaration of war contained many legal functions unrelated to the use of armed force – legal aspects of war. In an 1800 opinion rendered in the Eliza case, the court acknowledged a differe nce between formal declared war and a more confined version. In the United States v Curtiss-Wright Export Corporation et.al. decision of 1936, the Court certified the authority of the president with respect to external affairs. It is further noted that on February 15, 1816, the Senate Committee on Foreign Relations reported that â€Å"The President is the constitutional representative of the United States with regard to foreign relations.† The evolution of the legal and political authorities by which the United States approaches war also would appear to be based these legal opinions. In sum, then, two matters seem settled. The Framers clearly acknowledged the broad legal aspects of a war declaration and as such granted this power only to the congress. On the other hand, they also recognized that there were occasions during peacetime when it was necessary to apply military force to realize