Korean and Vietnam Wars: Communism and Containment Essay

3-25-13

P-3

Constitutional Battles?

The United States was involved in the Korean (1950-53) and Vietnam (1964-73) wars. Though the battles were fought against at different times, both dealt with the reds and containment. Questions came about as to why the usa was involved with these wars without having any formal declaration of warfare. Presidents Truman, Johnson and Nixon were involved with these types of wars. Many people think that congress neglected its constitutional military responsibilities and handed them, automatically, to the presidents in workplace at the time who then, led the country in unconstitutional battles. This declaration cannot be considered valid or perhaps invalid just before four significant categories will be analyzed; 1) roles of the legislative and executive twigs during battle 2) decisions made by the Presidents 3) events that took place leading up to and during the wars 4) congress's impact on these foreign affairs. Evaluating these four things will help to explain why the Vietnam Conflict is constitutional but the Korean language War is definitely not. For the reason that constitutionality of these wars will be questioned, the very first thing that needs to be viewed is the Metabolic rate to understand what roles are possessed by legislative and executive limbs during a time of war.

The legislative department, called congress, is divided into two parts called the home and the senate; their duties are discussed in content one of the Metabolism. Congress is usually granted is actually authority simply by article a single, section among the constitution which will states that, " Almost all Legislative powers

thus granted should be vested within a congress from the United States” (Article a single Section one of the Constitution). Article one, section eight traces the forces of congress, these are often called the enumerated powers. It states that congress is liable for providing the most popular defense and general well being of the United States. Many of these responsibilities will be, raising and supporting armies, providing and maintaining a Navy, regulation of land and naval makes, and to govern, organize, provide, discipline and give us a call at fourth the Militia (Article one Section eight with the Constitution). Probably the most important specialists possessed only by our elected representatives is the capacity to declare battle. America have not officially reported war since World Conflict 2 . Based on the United States conflict records, generally there have only been five wars officially declared by the United States and congress. Individuals wars had been; the Battle of 1812, Mexican Conflict, Spanish-American Warfare, World War 1, and World Warfare 2 (usconstitution. net). The Vietnam War and the Korean War are notably lacking from this list of five officially declared battles. Many aspects must be looked at to know why these types of wars were fought having not been declared. One of the important factors is the power of the director during wars.

The capabilities of the business branch are part of the Director, Vice President and cabinet people. As outlined in article two, section one of the metabolism, " The executive Electric power shall be vested in a President of the United States of America” (Article two Section one of many Constitution). The President is definitely head of state and head of presidency for the us. Under the constitution, the President has many duties as the leader of the region, such as granting bills and nominating federal judges, but to better understand how the Korean and Vietnam wars got started; only his war tasks will need to be assessed. Article two; section two of the Metabolic rate states that, " The President will be Commander in Chief from the Army and Navy of

America, and of the Militia with the several States”. Even with the potency of being Leader in Main of the military, the Leader cannot state war; just congress can. That being said, as Commander in Chief, the President has the authority to direct conflict after it is declared. He is also authorized to repel any unexpected attacks upon America, allowing him to use his armed service force to be able to...

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