Debate on war powers

Words: 464
Pages: 2
Subject: Uncategorized

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link:https://www.aei.org/articles/donald-trump-and-the-imperial-presidency/https://www.aei.org/articles/donald-trump-and-the-imperial-presidency/https://www.aei.org/articles/donald-trump-and-the-imperial-presidency/

Part 1:

A. List all of the military and foreign policy powers expressly mentioned in the Constitution that are allocated to Congress (ex: Declare War)

B. List all of the military and foreign policy powers expressly mentioned in the Constitution that are allocated to the President.

Part 2:

CAREFULLY consider the following scenario: It is the summer of 2024. Russia has managed to conquer eastern Ukraine and lays siege to the capital, Kyiv. A large number of Ukrainians migrate westward. Russia intermittently bombs the western portion of Ukraine to discourage that migration, which Russia claims includes a large number Ukrainian troops blending in with civilians. Lagging behind in election polls, President Biden announces that the U.S. military will enforce a “no-fly zone” against Russia (denying Russia permission to use any of its aircraft) in the western portion of Ukraine in order to protect the civilian population. About 55% of Congress expresses opposition to creating such a zone, with Speaker McCarthy calling it an incredibly risky political gambit that could provoke nuclear war merely to avoid electoral defeat. President Biden hits back, saying: “Support our brave service members and freedom for Ukraine!”

a. Explain (both what he believes and the main textual and historical arguments he makes in support) the relevant arguments of Yoo on executive and legislative powers over foreign policy and apply them to determine whether Biden’s military action is constitutional and what Congress could do to thwart President Biden. Be sure to incorporate the specifics of the hypothetical in boldface.

b. Explain (both what he believes and the main textual and historical arguments he makes in support) the relevant arguments of Kinkopf on executive and legislative powers over foreign policy and apply them to determine whether Biden’s military action is constitutional and what Congress could do to thwart President. Be sure to incorporate the specifics of the hypothetical in boldface.

For Part 2, your answer should be 500-600 words total (250-300 words for each side) or about 2-2.5 double-spaced pages. Your answer is expected to demonstrate clear familiarity with the readings but do NOT include any direct quotes. Your answer is also expected to incorporate as many of the relevant details mentioned in the prompt.

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