Former Secretaries of State James Baker and Warren Christopher have teamed up to announce a proposed change in the law concerning war powers. This would give Congress more authority to prevent the President from going to war and would require him (or her) to consult a special Congressional committee before taking military action. This legislation may be good on its face, and perhaps I would support it, though I’m sure it does not go far enough. If recent Presidents have repeatedly ignored the Constitution and the War Powers Act of 1973, how can we expect that they will comply with this new law?
The Article I section 8 of the Constitution clearly says that war making powers lie with the Congress:
“The Congress shall have Power To…define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water…”
The President is given the constitutional role of “Commander and Chief”, but there is no ambiguity here. The President only has constitutional authority to direct a war once it has been officially declared by Congress. Saying that the President should have the power to start a war because he is the Commander and Chief is like saying that the Secretary of State or the Chairman of the Joint Chiefs of Staff can start a war whenever he wants without congressional approval just because he holds a military title.
The real answer to the problem of abuse of Presidential power is not more legislation, but for We the People to hold our elected leaders accountable to the constitution by impeachment and redressing this grievance before Congress.
The Article I section 8 of the Constitution clearly says that war making powers lie with the Congress:
“The Congress shall have Power To…define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water…”
The President is given the constitutional role of “Commander and Chief”, but there is no ambiguity here. The President only has constitutional authority to direct a war once it has been officially declared by Congress. Saying that the President should have the power to start a war because he is the Commander and Chief is like saying that the Secretary of State or the Chairman of the Joint Chiefs of Staff can start a war whenever he wants without congressional approval just because he holds a military title.
The real answer to the problem of abuse of Presidential power is not more legislation, but for We the People to hold our elected leaders accountable to the constitution by impeachment and redressing this grievance before Congress.
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