A Quote by James Madison
The power to declare war, including the power of judging the causes of war, is fully and exclusively vested in the legislature.
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Does he [the president] possess the power of making war? That power is exclusively vested in Congress. . . . It is the exclusive province of Congress to change a state of peace into a state of war.
The Constitution expressly and exclusively vests in the Legislature the power of declaring a state of war [and] the power of raising armies.... A delegation of such powers [to the President] would have struck, not only at the fabric of our Constitution, but at the foundation of all well organized and well checked governments. The separation of the power of declaring war from that of conducting it, is wisely contrived to exclude the danger of its being declared for the sake of its being conducted.
The Constitution supposes what the history of all governments demonstrates, that the executive is the branch of power most interested in war and most prone to it. It has accordingly with studied care, vested the question of war in the legislature. [If a president is successful in bypassing the Congress] it is evident that the people are cheated out of the best ingredients in the government, the safeguards of peace which is the greatest of their blessings.
I believe that the power to declare war is most important in limiting the powers of the national government in regard to the rights of its citizens, but that it does not require Congress to give its approval before the president uses force abroad. I do not believe that the framers of the Constitution understood the power to declare to mean "authorize" or "commence" war. That does not mean that the separation of powers or checks and balances will not work.
The power of declaring war being with the Legislature, the Executive should do nothing necessarily committing them to decide for war in preference of non-intercourse, which will be preferred by a great many.
The use of military force against a sovereign nation is an act of war. Article I, Section 8 of the Constitution explicitly grants Congress the sole power to declare war.
No power but Congress can declare war, but what is the value of this constitutional provision, if the President of his own authority may make such military movements as must bring on war?
No power but Congress can declare war; but what is the value of this constitutional provision, if the President of his own authority may make such military movements as must bring on war? ... [T]hese remarks originate purely in a desire to maintain the powers of government as they are established by the Constitution between the different departments, and hope that, whether we have conquests or no conquests, war or no war, peace or no peace, we shall yet preserve, in its integrity and strength, the Constitution of the United States.
The Constitution is clear, Article I, Section 8, power vetted in Congress to declare war. If you go back to the founding documents of this nation, the decision of going to war was to be made by people closest to the ground - the elected officials - to make those decisions.
?In a time of war, the president must have the power he needs to make the tough decisions, including, if need be, the decision to grant himself even more power.?
Again, in Wag the Dog, war has to be declared by an act of congress. But if you go to war, you don't have to declare war. You're just at war and we did that, which is not legal.
For instance, the Persian Gulf War was a miniature world war. It took place in a small geographical area. In this sense it was a local war. But it was one that made use of all the power normally reserved for global war.
No war can end war except a total war which leaves no human creature on earth. Each war creates the causes of war: hate, desire for revenge and have-nots, desperate with need.
The Constitution's pretty clear. The Federalist papers are pretty clear... They very specifically delegated the power to declare war to Congress. They wanted this to be a congressional decision; they did not want war to be engaged in by the executive without approval of Congress.
Particularly when the war power is invoked to do things to the liberties of people, or to their property or economy that only indirectly affect conduct of the war and do not relate to the engagement of the war itself, the constitutional basis should be scrutinized with care. ... I would not be willing to hold that war powers may be indefinitely prolonged merely by keeping legally alive a state of war that had in fact ended. I cannot accept the argument that war powers last as long as the effects and consequences of war for if so they are permanent -- as permanent as the war debts.
We have a problem with drugs? Let's declare war on drugs! We have a problem with crime? Let's declare war on crime! We have a problem with violence? Let's declare war on violence! The deeply ingrained American attitude that we can solve any problem w/enough force creates, feeds, & rewards the epidemic of violence we are currently experiencing.
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