Q&A Hero

Question

In late 2004, as the war on terrorism rages on, Americans are growing unhappy with the toll it is taking on the country. U.S. soldiers die every day in combat, and the cost of fighting the war has now reached the $100 billion mark. Congress, too, is deeply concerned about the war. While it initially supported military efforts, it now believes that, in conducting the war, the administration has violated the War Powers Act of 1973. This legislation acknowledges the right of the president to undertake limited military action without first obtaining formal approval from Congress. However, the statute requires the president to file a formal report with Congress within forty-eight hours of initiating hostilities. Military action under this act is limited to sixty days with a possible thirty-day extension. If the president wishes to pursue military activity beyond these limits, prior congressional consent is required.
Since President George W. Bush has not obtained congressional approval for military action since 2003, but he nonetheless continues to conduct military operations in Iraq and Afghanistan, Democrats in Congress charge that the president and his administration are violating the law. Accordingly, they begin impeachment proceedings against several cabinet secretaries and the president himself. They believe these actions are warranted in light of the administration's unwillingness to follow the War Powers Act. They also believe that the president will not pay heed to a public increasingly opposed to his military efforts. After all, he has just been reelected for a second term and can"t stand for reelection in 2008, so public opinion is of little concern to him.
But, recognizing that impeachment proceedings against Bush and the others could take some time, congressional Democrats devise a stopgap measure. They decide that the Department of Defense will now be run by Congress rather than the executive branch.
They justify this plan on a number of grounds, not the least of which is that, because Congress created the department, it can now take it back. They add that because the president has, in conducting the war on against terrorism, violated the separation of powers doctrine, they have no choice but to run the Department of Defense as a legislative operation. Needless to say, the Bush administration is furious. The president immediately brings suit against the Democratic leaders in Congress, asking a federal court to strike down the War Powers Act of 1973 and to stop Congress from taking over the Defense Department.
Suppose you were the judge in this case. Would you rule in favor of the Bush administration (in part or in full) or Congress (in part or in full)? Why?
Be sure to (1) justify your response with reference to relevant Supreme Court precedent, and (2) consider, incorporate, or at least acknowledge arguments that may not support your response.