1. War Powers Resolution (1973): The Constitution grants Congress the power to declare war (Article I, Section 8). However, since 1950, there have been instances where presidents have committed military forces without explicit congressional authorization. One example is the Vietnam War. To address this issue, Congress passed the War Powers Resolution in 1973. This law was a response to President Nixon’s actions during the Vietnam War, and it aimed to limit the president’s ability to engage in military actions without congressional approval. Despite this, presidents have continued to engage in military interventions without formal declarations of war, sometimes stretching the boundaries of their constitutional authority.

   Citation: War Powers Resolution of 1973, Public Law 93-148.

2. Executive Orders on Immigration (Various Instances): The Constitution grants Congress the authority to regulate immigration and naturalization (Article I, Section 8). However, presidents have used executive orders to enact significant changes to immigration policy without direct approval from Congress. For instance, in 2012, President Obama issued the Deferred Action for Childhood Arrivals (DACA) executive order, which granted temporary legal status to certain undocumented immigrants who came to the US as children. Similarly, President Trump issued executive orders such as the “Travel Ban” in 2017, which restricted entry from several Muslim-majority countries. These actions bypassed Congress’s role in shaping immigration policy.

   Citations:

   • DACA Executive Order: Proclamation 8697 (2012).
   • Travel Ban Executive Order: Executive Order 13769 (2017).
3. Use of Executive Agreements for International Agreements: The Constitution requires the Senate to ratify treaties by a two-thirds majority (Article II, Section 2). However, presidents have increasingly used executive agreements to make international commitments without seeking Senate approval. One example is the Paris Agreement on climate change. While not technically classified as a treaty, the agreement has significant implications for US policy and international cooperation. President Obama signed the Paris Agreement through executive action in 2016, bypassing the Senate’s treaty ratification process.

   Citation: Paris Agreement (2016).

These examples illustrate how the executive branch has expanded its power beyond the original scope envisioned by the framers of the Constitution. They involve issues related to war powers, immigration, and international agreements, where presidents have taken actions that some argue exceed the intended balance of powers outlined in the Constitution.

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