The U.S. Supreme Court has ruled that the separation of powers is integral to the Constitution not to preserve the prerogatives
of each branch of government but to divide governmental powers among the branches so as to keep power diffused—and thereby limited and protective of personal freedom. . . . Thus, even if one branch of government consented to ceding an essential power to another branch, such a giveaway would be unconstitutional. . . .
Can the president legally use military force to attack a foreign land without a serious threat or legal obligation or a declaration of war from Congress? In a word: No. Here is the back story. . . .
. . . [A] bipartisan group of senators offered legislation supported by the president that . . . would permit a president to strike whomever and wherever he pleases. The president would be restrained only by a vote of Congress—after hostilities have commenced.
Such a statute would give the president far more powers than he has now, would directly violate Congress’ war-making powers by ceding them away to the president, would defy the Supreme Court on the unconstitutionality of giving away core governmental functions, would commit the U.S. to foreign wars without congressional and thus popular support, and would invite dangerous mischief by any president wanting to attack any enemy—real or imagined, old or new—for foreign or domestic political purposes, whether American interests are at stake or not.
Andrew Napolitano, “At War with the Separation of Powers,” The Washington Times, 2018.
Which of the following political processes would best solve the problem regarding the system of checks and balances, as articulated by the author in the passage?
The president agrees to lift sanctions and signs a peace treaty with another country without waiting for the approval from Congress.
A
Congress cuts the budget from the Armed Forces without getting presidential approval to prevent the president from sending troops abroad.
B
The Supreme Court rules on a suit brought by an interest group that legislation permitting the president to launch military strikes without congressional approval is unconstitutional.
C
The Supreme Court refuses to take a case on legislation that permits the president to launch military strikes without congressional approval.
