The Politics of War Powers: The Theory and History of Presidential Unilateralism

Sarah Burns, The Politics of War Powers: The Theory and History of Presidential Unilateralism (University of Kansas Press, 2019). Buy a copy.

It has been long established by analysts across the political spectrum that Congress has ceded vast constitutional authority to the presidency. On a variety of issues—spending, immigration, diplomacy —the Oval Office enjoys ever-growing autonomy. Meanwhile, the legislative branch displays public outrage at its leakage of power but is quietly relieved it doesn’t have to make the tough choices. 

In perhaps no area of governance is this dynamic more evident than the current state of war powers. Through a careful distribution of powers, the Constitution creates a governing system that balances the war-making authorities of Congress and the president against one another. America’s founders designed it as such because they wanted to prevent any one branch from wielding unilateral military power. The president is commander in chief, but only Congress can declare war and raise the funds required to execute a campaign… (Read more)