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Who Controls the Powers of War?

By David Focil, published Mar 09, 2007
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In the scope of human affairs few actions can bring about such terrible destruction and death as war. It is inherently chaotic and extremely unpredictable. It is nothing less than the systematic slaughter of human beings for the sake of a political objective. As this cold brutality slowly seeps in through the filtered lens of the major news networks we begin to ask tough questions of our leaders. How did we get into war? Where are we going with it? And more importantly, in whose authority does the decision to begin, widen, or end a war lie?

This becomes even more important when there is disagreement on the morality, legality and overall practicality of a particular conflict. If the majority of Americans oppose a military action, and the congress follows suit, then can the president as commander in chief ignore those views and do what he thinks is right? To answer this question the most obvious thing to do would be to consult the very foundation of our government, the constitution itself. In article I, section 8 it is stated that the congress shall have the powers "To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water". In addition section 8 gives congress the authority to "raise and support armies" giving it the ability to decide how large of a force we have, and how much money is given to support its actions. In article II section 2 it states that "The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States." So from simple reading of the document it may be inferred that the congress declares war, and the president commands how it is fought.

Takeaways
  • The President is not the only "decider" when it comes to war.
  • Congress has broad authority to limit wars and even end them.
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Excellent article. Did you know that the US Military Officers appointed such rank of officer by the US Congress act in their stead on the field of battle? They actually represent congress in those acts of the conduct of war and command of Troops. It was fascinating how you with obvious views on the matter approached and delivered this with an actual consistent illumination on reason and law. Very interesting. It is not something I am especially interested in, mine was to follow orders and deliver the message to the enemy, but, I think if you look into it you will learn that Pres Clinton signed into law in 1998 the US policy that established the US intent to remove Saddam Hussein from power. It could be argued, since Saddam was a terrorist as per pleadings of Iraqis for 12 years or more to the US, that after 9/11/01 it could have been deemed unlawful not to remove him in light of legal US policy and a perceived as well as legitimate terrorist threat.

Posted on 03/10/2007 at 12:03:00 PM

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