Saturday, March 26, 2011



Assalamualaikum wbt.

I remember someone said to me before about Barack Obama will remove the military, thier troops in Iraq. But I replied by saying that "If I'm not mistaken, he (President of USA) needs to get an approval from the congress regarding this matter."

About removing..I'm not so sure. BUT, when it is regards to a military action, I mean, in simple English they called as a "Declaration of War", yes, this Mr. President need to get an approval or approbation from the congress.

oh yeah, before that. I'm talking about the system in America and not in Malaysia. So, this Mr. President represents one body and congress represents the other body. Some might question because they thought the system in America is same as the system in Malaysia. Yup, Malaysia and America both used the doctrine of 'separation of powers' but to be specific, America used the doctrine of 'strict separation of powers'. It means that a person may not be a member of other organs if he or she belongs to the other organ.

"huh ? What organ ? Did you mean this organ"


Of course not. What I mean is the body of authority.

Section 6 of article 1 in the United States Constitution provides that no person holding office under the US may be a member of congress. On the other words, Mr president are not a member of the congress.

Their part of the job is separated and so do their role.

Article 1 of United States Constitution also provides that all legislative power herein granted shall be vested in a congress and article 2 provides that the executive power shall be vested in a President of United States of America. Thus, this is clearly shows that in enforcing or executing an action, it must be regards with the approval from the congress. Done for the introduction.

"so, what's up with congress and all of this approval stuff? "

Like I mentioned before, the president need a declaration of war from the congress. If he wanted to enforce a military action, he (President) need to get a formal agreement from the congress. As has been stated in section 8 of article 1 in United States Constitution, in which these are among the power vested towards the congress;

" declare war, grant letters of marque and reprisal, and make rules concerning captures on land and raise and support provide and maintain a navy..."

If you read about my post entitle world's biggest crisis, you will notice about our current news which regards to a military action by United States of America towards Libya. Yes, about that, well, Mr. President actually failed to get an approval from the congress to take that action.

Micheal Dorf, a constitutional law expert and professor of law at Cornell University said that this action (military action towards Libya by United States of America) is considered as unconstitutional.

"The U.S military had no king. Unilateral choice of President Barack Obama to use U.S military forces in Libya is an insult to our constitution." Quoted Congressman Roscoe Bartlett.

ok, that's all from me. Thanks for reading. :)

"Society...has confirmed the role as president as chief legislator, but has not equipped the president to perform it with the reliability that British prime minister typically enjoy" ~ Bowles

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