War Power! The Constitution, Art. I, Sect. 8, Clause 11: "The Congress shall have Power To ... Declare War ..." |
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Who gets to decide when and where the United States uses its Warpower?
Congress.
Your elected representative decides on peace or war. The man or woman who goes to Washington from your district or state. The Senators and the House Member who will be returning someday to your community, probably in search of campaign funds, volunteers and re-election from you.
Not the President sitting in splendid isolation in the White House.
The decision to put the entire country at risk of war should be made by the People, through their elected representatives. The Constitution says so (Art. I, Sect. 8). The early Congresses acted on this and it is what George Washington thought was best for the Country. (See below.)
Surprisingly, for the past 60 years, the United States has been taken to war by the President. The legal formula to evade the Constitution is called an "Authorization to Use Military Force" (AUMF). The Congress passes a statute letting the President make the decision.
In this regard, what made sense from 1774 to 1787 makes sense today. People have not changed much, while technology makes it ever more important to rein in the dog of war.
The decision to go to war can have such devastating effects that it should be made by all of the nation's elected representatives. For more detail, see Baker-Christopher Proposal of 2008 Violates the Constitutional Requirement that Congress Declare War.
"all the parts combined cannot fail to find in the united ... greater strength, greater resource, proportionably greater security from external danger, a less frequent interruption of their peace by foreign nations ... they will avoid the necessity of those overgrown military establishments which, under any form of government, are inauspicious to liberty, and which are to be regarded as particularly hostile to republican liberty."
George Washington's Farewell Address, 1796
We, reposing special trust and confidence in your patriotism, valor, conduct, and fidelity, do, by these presents, constitute and appoint you to be General and Commander in chief, of the army of the United Colonies ... for the Defence of American liberty, and for repelling every hostile invasion thereof: And you are hereby vested with full power and authority to act as you shall think for the good and welfare of the service.
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And you are to regulate your conduct in every respect by the rules and discipline of war, (as herewith given you,) and punctually to observe and follow such orders and directions, from time to time, as you shall receive from this, or a future Congress of these United Colonies, or committee of Congress.
George Washington's Commission, 1775
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© 2008 Steven M. Blumrosen
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