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The powers of the Executive and Legislative branches of government are outlined in the Constitution and there is some degree of overlap, which ultimately leads to conflict between the two branches. For instance, both the president and the Congress have war powers. According to the Constitution, the president is the "...c ommander in chief of the Army, and Navy of the United States, and of the Militia of several states.Therefore, the president has the power to wage war. On the other hand, Congress has the power to declare war and controls funding for wars. Several presidents, including Presidents Truman, Johnson, Clinton, and Bush, have waged war without authorization from Congress, and thus have broken the law. When these and other conflicts arise between the executive and legislative branches of government, it is up to the courts to decide how they should be resolved. To do so, judges reference the Constitution and interpret the meaning of specific provisions when coming to a decision. To prepare for this Discussion:
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