ANSWER

War Powers Resolution of 1973: Although Article I, Section 8 of the Constitution gives Congress the authority to declare war, presidents have frequently used military force without making official declarations of war. To restrict the President’s power to commit American soldiers to war action without congressional approval, the War Powers Resolution was passed by Congress in 1973. Although this is the case, some presidents have ordered military operations without specific congressional approval. For instance, President Harry Truman committed troops to the Korean War without issuing a formal declaration of war.

Reference: Public Law 93-148, the War Powers Resolution of 1973, 87 Stat. 555, November 7, 1973.

Executive Orders on Immigration: Although the Constitution (Article I, Section 8) gives Congress control over immigration and naturalization, presidents have used executive orders to influence immigration policy. Presidents have recently utilized executive orders to carry out laws about temporary protected status for specific groups and postponing deportation. President Barack Obama’s Executive Order 2012 establishing the Deferred Action for Childhood Arrivals (DACA) program, which granted certain undocumented immigrants who entered the US as children temporary legal status, is one notable instance.

The document cited as “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,” Department of Homeland Security Memorandum, June 15, 2012.

Treaties and Executive Agreements: According to Article II, Section 2 of the Constitution, the President must get the Senate’s consent before signing any treaties; however, presidents increasingly use executive agreements, which do not need Senate ratification. Although executive agreements have traditionally been utilized for less important issues, they have recently been employed for important policy issues like global trade and climate change. For instance, President Barack Obama negotiated and signed the Paris Climate Change Agreement as an executive agreement without requesting Senate approval.

United Nations Framework Convention on Climate Change, “Paris Agreement,” April 22, 2016.

In each of these instances, either through unilateral measures or by evading certain checks and balances provided in the Constitution, the executive branch exceeded the original intent of its authors regarding the scope of its jurisdiction.

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