A Quote by John Yoo
Congress has created and funded a huge peacetime military that has substantial abilities to wage offensive operations, and it has not placed restrictions on the use of that military or the funds to support it, because it would rather let the president take the political risks in deciding on war. If Congress wanted to play a role in restricting war, it could - it simply does not want to. But we should not mistake a failure of political will for a violation of the Constitution.
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President Obama is asking Congress to support a military strike in Syria. If they approve, it will be the first time Congress has officially declared war since Obamacare.
The use of our military in combat should first require declaration of war. I have long called for reinstating the military draft, simply because I believe strongly that a national decision to go to war must also include a broad commitment to share its burdens. Whenever Congress decides to fund a war or other U.S. combat activities, it must provide a means to pay for it-then and there-not later. If we don't have the will to fully share the burdens of war, then we have no right to send our sons and daughters into harm's way.
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.
Let us wage a moral and political war against war itself, so that we can cut military spending and use that money for human needs.
We cannot simply speak out against an escalation of troops in Iraq, we must act to prevent it... There can be no doubt that the Constitution gives Congress the authority to decide whether to fund military action, and Congress can demand a justification from the president for such action before it appropriates the funds to carry it out.
Most US presidents since World War II have led military actions without a declaration of war by Congress, though most, if not all, have properly consulted and sought support from Congress. That is the wise thing to do.
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.
Yes and no. Because America has only about 1 percent of the population serving in the military, it is hard for many civilians to understand the sacrifices military families make. However, my experience is that after the Vietnam War, the public learned that they should support the military whether or not they support the war. You've seen that outpouring of support for the veterans of both Iraq and Afghanistan.
War is, in fact, an extension of politics, and in any war, military operations have to be conducted in such a way that they contribute to sustainable political outcomes consistent with vital interests that are at stake in that war.
This Iraq war has been the most "privatized" war in America's history. It has seen the most extensive use of contractors. The contractors have increased the costs; but they have been necessary - the military simply could not have done it on their own. we would have had to increase the size of the military. But the George W. Bush Administration wanted America to believe that it could have a war, essentially for free, without raising taxes, without increasing the size of the armed forces.
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?
The military has been determined to control the images of war since Vietnam. They're convinced that they lost the war because of loss of political support back home, because people saw what was going on.
With 450,000 U. S. troops now in Vietnam, it is time that Congress decided whether or not to declare a state of war exists with North Vietnam. Previous congressional resolutions of support provide only limited authority. Although Congress may decide that the previously approved resolution on Vietnam given President Johnson is sufficient, the issue of a declaration of war should at least be put before the Congress for decision.
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.
Are there any military actions that the president of the United States may not order on his own authority? If so, what are they? Bit by bit, decade by decade, Congress has abdicated its assigned role in authorizing war. Today, it merely rubberstamps what presidents decide to do (or simply stays mum). Who does this deference to an imperial presidency benefit? Have U.S. policies thereby become more prudent, enlightened, and successful?
The president does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation. As commander in chief, the president does have a duty to protect and defend the United States. In instances of self-defense, the president would be within his constitutional authority to act before advising Congress or seeking its consent.
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