War Powers Abused

By Douglas V. Gibbs

A reader, and occasional attendee to my Constitution Classes, has been at odds with me over the issue of presidential war powers. He has come to believe what most folks believe, that the President cannot wage war without a Declaration of War by Congress.  In all honesty, that concept is a fairly new one.  The Founding Fathers did not believe that, and neither did any of the Presidents during the nineteenth century.  The Articles of Confederation gave Congress the power to wage war and declare war, but no power to tax to create the fighting force.  When the delegates at the Constitutional Convention discussed this problem on August 17, 1787, they realized there needed to be some changes.  They argued over the issue of war powers heavily, and came to the decision to give the power to declare war to the Congress, and the power to wage war to the President.

My reader's feelings on that in the email he sent me is as follows:

In 1941 Nazi Germany was clearly a threat to the security of the entire world. FDR knew that in order to prevent Hitler from completely dominating the World, the United States needed to enter the war in order to prevent a World wide catastrophy. FDR knew that in order to enter the war, Congress wouild need to declare war. The people and Congress were not yet ready for war so FDR did not begin waging war because he knew that he did not have that authority.

This so called power to wage war without a formal declaration of war was established in 1950 when President Truman violated the Constitution and created a precident that has been followed ever since. If FDR did not have the Constitutional authoity to wage war without a formal Declaration of War by Congress why was it appropriate for Truman to assume power denied to FDR.

To answer Keith, first of all we must remember that Truman was not the first to wage war without a declaration of war.  Both Jefferson and James Madison waged war against the Barbary Pirates without a declaration.  Are we to assume that Thomas Jefferson, and the Father of the Constitution, James Madison, did not understand the war powers as granted by the Constitution?

That said, there are checks against a president's authority to wage war.  If he abuses that power, Congress has the ability to defund his war effort, and even resort to impeachment.  In fact, that is what is going on now in Congress against Obama. . . 

As for those that want to drag the War Powers Act of 1973 into the conversation, understand that authorities cannot be changed by legislation, therefore the powers granted or taken away by the War Powers Act are unconstitutional.

-- Political Pistachio Conservative News and Commentary