- How is war declared?
- What is it called when the military takes over?
- Can a soldier refuse an order?
- What does Comitatus mean?
- Can the military enforce civilian law?
- What power does the president have over the military?
- Does the President have removal power?
- Can the military overthrow the president?
- Can the President deploy troops without congressional approval?
- Does article 2 give the president unlimited power?
- Is it legal to deploy troops on US soil?
- What military power does Article 2 grant the president?
- Can the president use the military against citizens?
- Can you overthrow the government?
- Does the president have executive privilege?
How is war declared?
The Constitution grants Congress the sole power to declare war.
Congress approved its last formal declaration of war during World War II.
Since that time it has agreed to resolutions authorizing the use of military force and continues to shape U.S.
military policy through appropriations and oversight..
What is it called when the military takes over?
Martial law involves the temporary substitution of military authority for civilian rule and is usually invoked in time of war, rebellion, or natural disaster. Abstract: When martial law is in effect, the military commander of an area or country has unlimited authority to make and enforce laws.
Can a soldier refuse an order?
In the U.S. military, insubordination is covered under Article 91 of the Uniform Code of Military Justice. It covers disobeying lawful orders as well as disrespectful language or even striking a superior.
What does Comitatus mean?
1 : a body of wellborn men attached to a king or chieftain by the duty of military service also : the status of the body so attached. 2 [Medieval Latin, from Latin] : county —used chiefly in the phrase posse comitatus.
Can the military enforce civilian law?
Military support to civilian law enforcement is carried out in strict compliance with the Constitution and U.S. laws and under the direction of the President and Secretary of Defense.
What power does the president have over the military?
The Constitution of the United States divides the war powers of the federal government between the Executive and Legislative branches: the President is the Commander in Chief of the armed forces (Article II, section 2), while Congress has the power to make declarations of war, and to raise and support the armed forces …
Does the President have removal power?
The House took up the establishment of executive departments. The debate centered on the clause vesting in the president alone the power to remove the officers heading these departments. … Smith (South Carolina) contended that impeachment was the only constitutional means of removal.
Can the military overthrow the president?
Typically, it is an illegal, unconstitutional seizure of power by a political faction, the military, or a dictator. Many scholars consider a coup d’état successful when the usurpers seize and hold power for at least seven days.
Can the President deploy troops without congressional approval?
The War Powers Resolution requires the president to notify Congress within 48 hours of committing armed forces to military action and forbids armed forces from remaining for more than 60 days, with a further 30-day withdrawal period, without congressional authorization for use of military force (AUMF) or a declaration …
Does article 2 give the president unlimited power?
Article II of the United States Constitution gives the president the power of clemency. … The president can only grant pardons for federal offences.
Is it legal to deploy troops on US soil?
The Posse Comitatus Act prohibits the use of active duty personnel to “execute the laws”; however, there is disagreement over whether this language may apply to troops used in an advisory, support, disaster response, or other homeland defense role, as opposed to domestic law enforcement.
What military power does Article 2 grant the president?
Section 2 of Article Two lays out the powers of the presidency, establishing that the president serves as the commander-in-chief of the military, among many other roles. This section gives the president the power to grant pardons.
Can the president use the military against citizens?
Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the …
Can you overthrow the government?
In political philosophy, the right of revolution (or right of rebellion) is the right or duty of the people of a nation to overthrow a government that acts against their common interests and/or threatens the safety of the people without cause.
Does the president have executive privilege?
Executive privilege is the right of the president of the United States and other members of the executive branch to maintain confidential communications under certain circumstances within the executive branch and to resist some subpoenas and other oversight by the legislative and judicial branches of government in …