Presidential Authority to Wage War

By Douglas V. Gibbs

War is a sticky subject.  The United States is not supposed to be a war-hungry nation, yet the importance of a strong military, and a force ready to go to war on a moment's notice, is paramount to protecting our freedoms from tyrants that see otherwise.  However, the authorities regarding the Constitution on war are difficult to understand unless one digs deep into the discussions on August 17, 1787 of the Constitutional Convention, and read the various writings by the statesmen of the time.

Under the Articles of Confederation, Congress held both the power to wage war, and the power to declare war.  However, the government had no way to create an army.  The fear of a standing army that could be used by the government against the people was so strong that the task of defending this nation against enemies, foreign and domestic, rested on the State Militias.  Shays' Rebellion, however, revealed that this system contained some serious weaknesses, and it took a force gathered by the merchants in Boston to pacify the insurrection by Revolutionary War Veterans.

With the full understanding that the first Commander in Chief would be the greatly respected George Washington, and with the understanding that the gears of the federal government, in most cases, were designed to grind slowly through grueling debate, and an obstacle course of checks and balances, the founders realized that the decision to go to war more often than not needed to be a swift one.

After much debate, it was decided that the powers to wage war, and declare war, would be separated between two branches.  The President would hold the sole power of waging war.  Congress would have the authority to declare war.  If a war was declared, the repercussions would rest on the entire nation's decision, but if the war was undeclared, the repercussions would rest on the shoulders of the President.  Our first two international wars were waged to protect our trade routes against the Barbary Pirates.  And in both cases, Jefferson and Madison chose to wage those wars without Congressional Declaration.

This is not to say the President ought to wage war without consulting Congress, even if there is no declaration, and this is not to so that the President has the free allowance to wage war at will.  As with all powers delegated by the Constitution, checks and balances are in place.

The Founding Fathers did not agree with the idea of the United States waging wars of aggression.  In fact, they emphatically called for us to avoid foreign entanglements.  However, though the founders did not wish for the President to indiscriminately go around attacking other nations, they did want him to have the ability to wage war quickly, if necessary. Because of the nature of our government, where it was designed for the gears of government to grind slowly, that last thing we needed was Congressional gridlock when the decisions regarding war demanded swift action.

In case we encountered a tyrannical President, however, as always, checks and balances are in place, from the option to defund the war by Congress, to the option of impeaching the President should he abuse the authority to wage war.

The truth is, it is up to us to ensure these people use their authorities wisely.  Being informed is the key, and being active is the solution.

-- Political Pistachio Conservative News and Commentary