Nixon and the Gulf of Tonkin Law
The Vietnam War was an example of how checks and balances comes into play, where president Nixon abused his executive power. A little before the war, Congress passed the Gulf of Tonkin resolution, that allowed the president to use all necessary steps to support South Vietnam (history). President Nixon took this opportunity, and made it so that his act of war would be justified without the need for declaration of war. In 1969, he began bombing North Vietnamese facilities, and factories in Cambodia, and he kept these missions secret from Congress for a year. Many citizens in the U.S were unhappy to hear the involvement of the U.S in the Vietnam War, since we had nothing to do with it.
Nixon and the War Powers Resolution
Not only did the president approve of bombings in Cambodia, his mission killed innocent children, and unarmed civilians in Vietnam. Because of these illegal and unconstitutional actions, Congress ordered Nixon to immediately stop bombing Cambodia. After the order, Congress proposed a “War Power Resolution;” this required the president to ask permission from Congress before entering war (loc). Congress passed this law to limit the power that a president has over the military. However, this law also stated that the president had the right to deploy troops in case of a national emrgency, since it is much easier and faster for the president to deploy troops. If Congress has not declared war, and the president has already deployed troops, then he has 60 days to remove the military from the operation. By using his constitutional right, president Nixon vetoed the bill saying, that it "took away his authorities that have been exercised in the past 200 years (billofrightsinstitute)." However through the use of checks and balances, Congress passed the law over by an agreement of 2/3 of the houses, which made the law into effect. For more in-depth explanation of why the War Powers Resolution was passed, watch the video below
How Nixon Violated the Constitution
According to Article 2, Section 2 of the Constitution: “The President shall be Commander in Chief of the Army and the Navy of the United States (heritage).” This means that the president has the power to control the military, but not declare war with it. To prove this, Article 1, Section 8 of the Constitution states that: “Congress has the power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water (archives).” This statement shows that the power to declare war is held by Congress, and not the president. This also shows how easily the Constitution can be violated, and if the Constitution is violated, then the people's’ rights are also at risk of being violated. Imagine if the system of checks and balances wasn’t there; Nixon could’ve launched an illegal war, and acted like an absolute ruler. This incident shows how important the system of checks and balances is to prevent a tyrannical government from developing, and it shows how easily the president can abuse his powers.