The Constitution of the United States does not explicitly define the extent of the President’s authority to involve United States troops in conflicts with other nations in the absence of a declaration of war. Instead, the question of the President’s authority in this matter falls in the hazy area of concurrent, a concurrent resolution power, where authority is not expressly allocated to either the President or the Congress. The Constitution gives Congress the basic power to declare war, as well as the authority to raise and support armies and a navy, enact regulations for the control of the military, and provide for the common defense. The President, on the other hand, in addition to being obligated to execute the laws of the land, including commitments negotiated by defense treaties, is named commander in chief of the armed forces and is empowered to appoint envoys and make treaties with the consent of the Senate. Although this allocation of powers does not expressly address the use of armed forces short of a declared war, the spirit of the Constitution at least requires that Congress should be involved in the decision to deploy troops, and in passing the War Powers Resolution of 1973, Congress has at last reclaimed a role in such decisions. Historically, United States Presidents have not waited for the approval of Congress before involving United States troops in conflicts in which a state of war was not declared. One scholar has identified 199 military engagements that occurred without the consent of Congress, ranging from Jefferson’s conflict with the Barbary pirates to Nixon’s invasion of Cambodia during the Vietnam conflict, which President Nixon argued was justified because his role as commander in chief allowed him almost unlimited discretion (power of free decision or latitude of choice within certain legal bounds “reached the age of discretion”) over the deployment of troops. However, the Vietnam conflict, never a declared war, represented a turning point in Congress’s tolerance of presidential discretion in the deployment of troops in undeclared wars. Galvanized by the human and monetary cost of those hostilities and showing a new determination to fulfill its proper role, Congress enacted the War Powers Resolution of 1973, a statute designed to ensure that the collective judgment of both Congress and the President would be applied to the involvement of United States troops in foreign conflicts. The resolution required the President, in the absence of a declaration of war, to consult with Congress “in every possible instance” before introducing forces and to report to Congress within 48 hours after the forces have actually been deployed. Most important, the resolution allows Congress to veto the involvement once it begins, and requires the President, in most cases, to end the involvement within 60 days unless Congress specifically authorizes the military operation to continue. In its final section, by declaring the resolution is not intended to alter the constitutional authority of either Congress or the President, the resolution asserts that congressional involvement in decisions to use armed force is in accord with the intent and spirit of the Constitution. 1 B 1. In the passage, the author is primarily concerned with (A) showing how the Vietnam conflict led to a new interpretation of the Constitution’s provisions for use of the military (B) arguing that the War Powers Resolution of 1973 is an attempt to reclaim a share of constitutionally concurrent power that had been usurped by the President (C) outlining the history of the struggle between the President and Congress for control of the military (D) providing examples of conflicts inherent in the Constitution’s approach to a balance of powers (E) explaining how the War Powers Resolution of 1973 alters the Constitution to eliminate an overlap of authority 2 E 2. With regard to the use of United States troops in a foreign conflict without a formal declaration of war by the United States, the author believes that the United States Constitution does which one of the following? (A) assumes that the President and Congress will agree on whether troops should be used (B) provides a clear-cut division of authority between the President and Congress in the decision to use troops (C) assigns a greater role to the Congress than to the President in deciding whether troops should be used (D) grants final authority to the President to decide whether to use troops (E) intends that both the President and Congress should be involved in the decision to use troops 3 B 3. The passage suggests that each of the following contributed to Congress’s enacting the War Powers Resolution of 1973 EXCEPT (A) a change in the attitude in Congress toward exercising its role in the use of armed forces (B) the failure of Presidents to uphold commitments specified in defense treaties (C) Congress’s desire to be consulted concerning United States military actions instigated by the President (D) the amount of money spent on recent conflicts waged without a declaration of war (E) the number of lives lost in Vietnam 4 B 4. It can be inferred from the passage that the War Powers Resolution of 1973 is applicable only in “the absence of a declaration of war” (lines 48-49) because (A) Congress has enacted other laws that already set out presidential requirements for situations in which war has been declared (B) by virtue of declaring war, Congress already implicitly participates in the decision to deploy troops (C) the President generally receives broad public support during wars that have been formally declared by Congress (D) Congress felt that the President should be allowed unlimited discretion in cases in which war has been declared (E) the United States Constitution already explicitly defines the reporting and consulting requirements of the President in cases in which war has been declared 5 C 5. In can be inferred from the passage that the author believes that the War Powers Resolution of 1973 (A) is not in accord with the explicit roles of the President and Congress as defined in the Constitution (B) interferes with the role of the President as commander in chief of the armed forces (C) signals Congress’s commitment to fulfill a role intended for it by the Constitution (D) fails explicitly to address the use of armed forces in the absence of a declaration of war (E) confirms the role historically assumed by Presidents 6 A 6. It can be inferred from the passage that the author would be most likely to agree with which one of the following statements regarding the invasion of Cambodia? (A) Because it was undertaken without the consent of Congress, it violated the intent and spirit of the Constitution. (B) Because it galvanized support for the War Powers Resolution, it contributed indirectly to the expansion of presidential authority. (C) Because it was necessitated by a defense treaty, it required the consent of Congress. (D) It served as a precedent for a new interpretation of the constitutional limits on the President’s authority to deploy troops. (E) It differed from the actions of past Presidents in deploying United States troops in conflicts without a declaration of war by Congress. 7 D 7. According to the provisions of the War Powers Resolution of 1973 as described in the passage, if the President perceives that an international conflict warrants the immediate involvement of United States armed forces, the President is compelled in every instance to (A) request that Congress consider a formal declaration of war (B) consult with the leaders of both house of Congress before deploying armed forces (C) desist from deploying any troops unless expressly approved by Congress (D) report to Congress within 48 hours of the deployment of armed forces (E) withdraw any armed forces deployed in such a conflict within 60 days unless war is declared Source: LSAT Official PrepTest 2 ( October 1991 ) Difficulty Level: 700

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The Constitution of the United States does not explicitly define the e

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SALAKSHYA

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04 Oct 2020, 22:45

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Can someone please explain why the answer for Q4 is not E

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SALAKSHYA

Can someone please explain why the answer for Q4 is not E

Explanation

4. It can be inferred from the passage that the War Powers Resolution of 1973 is applicable only in “the absence of a declaration of war” (lines 48-49) because

Difficulty Level: 700-750

Explanation

Lines in the first paragraph (The Constitution gives Congress the basic power to declare war, as well as the authority to raise and support armies and a navy) indicate that Congress has the right to declare war, and by giving the President that green light to go to war Congress is ipso facto involved in the decision to deploy American troops.

In other words, because Congress participates in the initial decision to send American troops to war, the War Powers Resolution is irrelevant in cases in which war is formally declared. (And notice that the scope of this investigation—namely, troop involvement when war is not declared—is made clear as early as lines 3-4, where we find, word for word, the very same phrase that the stem cites.)

(A) What other laws? The passage doesn’t mention any. Anyhow, it’s the Constitution that has set out Presidential requirements when war is declared.

The remaining choices are all beyond the scope of the passage. The text contains no discussion of public opinion in declared wars (C); Congress’s attitudes toward the President’s behavior in declared wars (D); or Presidential reporting and consulting procedures in declared wars (E). And why should the text discuss any of those things?— none of them relate to our author’s investigation as defined in the first few lines.

Answer: B

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07 Oct 2020, 02:38

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Harsh2111s

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Please explain how to eliminate option E "number of lives lost in Vietnam."
Only line that explain this question "Galvanized by the human and monetary cost of those hostilities and showing a new determination to fulfill its proper role"
Here human cost referring to manpower cost for fighting war.
How to infer number of lives lost ?

Quote:

3. The passage suggests that each of the following contributed to Congress’s enacting the War Powers Resolution of 1973 EXCEPT

(A) a change in the attitude in Congress toward exercising its role in the use of armed forces
(B) the failure of Presidents to uphold commitments specified in defense treaties
(C) Congress’s desire to be consulted concerning United States military actions instigated by the President
(D) the amount of money spent on recent conflicts waged without a declaration of war
(E) the number of lives lost in Vietnam

"Galvanized by the human and monetary cost of those hostilities and showing a new determination to fulfill its proper role"

Human cost in a war is the number of lives lost.
What is manpower cost? The money used to raise manpower? All types of monetary cost are a part of monetary costs mentioned. When it says "human and monetary costs" it means loss of life and money.

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03 Jun 2021, 20:45

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Hey Sajjad1994 - took 19 mins and got 1 wrong. What do you think the speed and accuracy should be like, wrt to this passage, for scoring in the V40+ range?

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04 Jun 2021, 03:41

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harshbirajdar

Hey Sajjad1994 - took 19 mins and got 1 wrong. What do you think the speed and accuracy should be like, wrt to this passage, for scoring in the V40+ range?

The difficulty level of this passage should be the following in my opinion.

Question #1: 700
Question #2: 600
Question #3: 650
Question #4: 700
Question #5: 550
Question #6: 700
Question #7: 650

6 minutes to read the passage and roughly 1.5 minutes per question is ideal for this passage as the majority of the questions are on the harder side, 16 minutes is an ideal time. I would ask you to not dive too much into these stats and try to practice more and more and your time management will be better and better.

Good luck!

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do not agree the with explanation given for question 7 , question asks if the president feels that there is need for military intervention, not after the troops have been already deployed , hence the answer should be C . Refer these lines The resolution required the President, in the absence of a declaration of war, to consult with Congress “in every possible instance” before introducing forces

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09 Oct 2021, 07:09

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I don't know how to approach Q6. As per the question and the tone of the passage it refers to , I think it's very easy for people to fall for option D. So not sure how to get these kinds of questions correct during the exam?

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13 Dec 2021, 01:40

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Sajjad1994

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Sajjad1994
Could you please post the explanation for Q1.

Explanation

1. In the passage, the author is primarily concerned with

Difficulty Level: 700

Explanation

At the end of Paragraph 1, the author explicitly states that the War Powers Resolution is an attempt by Congress to reclaim its rightful role in decisions to involve America in undeclared wars. In Paragraphs 2 and 3, the author demonstrates that Congress lost this role, but has now regained it. You may have found “usurped” a mite extreme, but given the author’s firm conviction that the Constitution demands Congressional involvement in troop decisions, ”usurpation” is pretty close to the behavior we hear about in Paragraph 2.

(A) The Vietnam War’s role in leading to the War Powers Resolution is merely a Paragraph 2 detail.

(C) and (D) are beyond the scope of the passage, which is restricted to a discussion of Congress’s role in decisions to send American troops into undeclared wars. This passage doesn’t delve into the broader Presidential-Congressional struggle for control of the military (C), let alone the even broader issue of the Constitutional balance of power between the executive and legislative branches of government (D).

(E) Lines (In its final section, by declaring that the resolution is not intended to alter the constitutional authority of either Congress or the President) explicitly state that the War Powers Resolution isn’t intended to alter the Constitution.

Answer: B

Sajjad1994

The CHOICE E states overlapping of power rather than altering constitution and thus, this confuses me. Is it the same?
I assumed overlapping of powers to mean: sometimes when both had the authority to declare or engage in wars, presidents took a forefront and declared it without consulting the congress.

And thus I marked E, what is wrong in my interpretation?

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13 Dec 2021, 09:38

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nitishjain0109

Read answer choices (B) and (E)

(B) arguing that the War Powers Resolution of 1973 is an attempt to reclaim a share of constitutionally concurrent power that had been usurped by the President

(E) explaining how the War Powers Resolution of 1973 alters the Constitution to eliminate an overlap of authority

You know that (B) is correct and (E) is incorrect. Now think about why E is incorrect and what makes the answer (B) correct?

E is not the primary purpose of the passage, read the explanation provided, War Powers Resolution isn’t intended to alter the Constitution.

what is wrong in my interpretation?

You are wrongly interpreting that the War Powers Resolution of 1973 alters the Constitution.

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13 Dec 2021, 21:08

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Sajjad1994

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Sajjad1994 Thank you for the clarification

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The President, on the other hand, in addition to being obligated to execute the laws of the land, including commitments negotiated by defense treaties, is named commander in chief of the armed forces and is empowered to appoint envoys and make treaties with the consent of the Senate. Although this allocation of powers does not expressly address the use of armed forces short of a declared war, the spirit of the Constitution at least requires that Congress should be involved in the decision to deploy troops, and in passing the War Powers Resolution of 1973, Congress has at last reclaimed a role in such decisions.

6. It can be inferred from the passage that the author would be most likely to agree with which one of the following statements regarding the invasion of Cambodia?

(A) Because it was undertaken without the consent of Congress, it violated the intent and spirit of the Constitution.

(B) Because it galvanized support for the War Powers Resolution, it contributed indirectly to the expansion of presidential authority.

(C) Because it was necessitated by a defense treaty, it required the consent of Congress.

(D) It served as a precedent for a new interpretation of the constitutional limits on the President’s authority to deploy troops.

(E) It differed from the actions of past Presidents in deploying United States troops in conflicts without a declaration of war by Congress.

________________________________________________________________________________________________________________________________________________
It can be inferred from the passage that the only change happened after 1973 law is that "the spirit of the Constitution at least requires that Congress should be involved in the decision to deploy troops" is restored => no change in interpretation of constitutional limits on the President’s authority to deploy troops.

President still has the power to deploy troops but only after agreement from Congress

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hi, can anyone explain the reasons for question 26 and 27? Thanks

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voi

hi, can anyone explain the reasons for question 26 and 27? Thanks

Hello voi

Welcome to GMAT Club!

You can find the explanation in the posts in the link below.

Question #5 (26 in Official LSAT Book)

https://gmatclub.com/forum/the-constitu ... l#p1396783

Question #6 (27 in Official LSAT Book)

https://gmatclub.com/forum/the-constitu ... l#p2632681
https://gmatclub.com/forum/the-constitu ... l#p2263326

Let me know if you still have any doubt.

Cheers

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7. According to the provisions of the War Powers Resolution of 1973 as described in the passage, if the President perceives that an international conflict warrants the immediate involvement of United States armed forces, the President is compelled in every instance to

(A) request that Congress consider a formal declaration of war - No
(B) consult with the leaders of both house of Congress before deploying armed forces - "leaders" is wrong. The resolution mandates the consultation with Congress, not necessarily with the "leaders." It can be, say, with some committee.
(C) desist from deploying any troops unless expressly approved by Congress - No.
(D) report to Congress within 48 hours of the deployment of armed forces - ok
(E) withdraw any armed forces deployed in such a conflict within 60 days unless war is declared - No.

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