norte wrote:
http://www.richmondregister.com/opinion/a-foolish-and-unconstitutional-war/article_c2f3cbd9-0210-5014-888e-82fe79e489a3.html
Mr. Buchanan's opinion is duly noted.
However, under the Articles of Confederation, which was "the constitution before the constitution," Congress had the sole power to
wage war. The executive, under the Articles, had little power as it was, and in the case of war, had no say in the matter whatsoever.
On August 17, 1787, the delegates debated heavily over war powers. The fear was that by giving the President the sole power to
wage war a tyrannical president would use those powers in an abusive manner. Yet, to give Congress the sole power of
waging war was inefficient, and had proven to be a poor decision under the Articles of Confederation.
A compromise was needed. The founders needed to create both an efficient system, yet one that used limiting principles, and a system of checks and balances, to protect the nation from a potentially tyrannical executive.
The power to wage war was granted to the President, and the power to
declare war was vested in the Congress. The President, as a result of those debates, was granted the power to wage war whenever and wherever he deemed necessary. However, that war could only be
formally declared by Congress. If Congress disagreed with the President's decision to
wage war, we are reminded that the Congress has the power of the purse strings, and has the power to deny the President the funding to wage war. So, though the President has the power to wage war as he believes is necessary, that power is checked by the Congressional power of being able to defund the war.
If a President continues to wage war, even after congressional attempts to cut off funding, the Congress also has the power to impeach the President as well.
An added point is that both Barbary Wars, waged by Presidents Thomas Jefferson, and James Madison, were undeclared wars. If the President must wait for a
declaration of war in order to
wage war, then that would be to suggest that Thomas Jefferson, and the father of the Constitution James Madison, acted unconstitutionally to wage war against the Barbary Pirates. Which of course, they did not.