A Quote by John Yoo

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.
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.
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 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.
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.
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.
I believe in the Constitution. I believe in separation of powers. I believe in the rule of law. I believe in limited government. And these are principles and policies that apparently neither the national Republican nor the national Democrat Party believes in. I believe great damage is being done to our Constitution, and I see no remedy at all, no likelihood of that changing, if we rely on the two parties to field our candidates for national office.
The basic premise of the Constitution was a separation of powers and a system of checks and balances because man was perceived as a fallen creature and would always yearn for more power.
Religion forbids us from assuming a God-like character. This is especially true in politics and government, where limiting the power of the state, division of powers, and the doctrine of checks and balances are established in order to prevent accumulation of power that might lead to such Godly claims.
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.
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 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.
The framers of our constitution had the sagacity to vest in Congress all implied powers: that is, powers necessary and proper to carry into effect all the delegated powers wherever vested.
The War between the States... produced the foundation for the kind of government we have today: consolidated and absolute, based on the unrestrained will of the majority, with force, threats, and intimidation being the order of the day. Today's federal government is considerably at odds with that envisioned by the framers of the Constitution. ... [The War] also laid to rest the great principle enunciated in the Declaration of Independence that 'Governments are instituted among Men, deriving their just powers from the consent of the governed'.
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.
When we look at how, constitutionally, only Congress can declare war, and that is routinely ignored. Not NATO or the UN, but Congress has to authorize these endless wars, and it isn't.
We have gone into a war, an unelected president sending us into a war that the Congress frankly had no right, I believe, to authorize.
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