A Quote by Marvin Kalb
U.S. Constitution declares rather unambiguously that Congress has the responsibility to “declare war.
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Congress no longer declares war or makes budgets. So that's the end of the constitution as a working machine.
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 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? ... [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.
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.
When you declare a 'war on coal' from a regulatory perspective, the question has to be asked: where's that in the statute? Where did Congress empower the EPA to declare a war on coal?
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.
Enemies publish themselves. They declare war. The friend never declares his love.
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.
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.
Nowhere else in the Constitution does a "right" attributed to "the people" refer to anything other than an individual right. What is more, in all six other provisions of the Constitution that mention "the people," the term unambiguously refers to all members of the political community, not an unspecified subset... The Second Amendment extends, prima facie, to all instruments that constitute bearable arms... The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it "shall not be infringed."
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.
After the end of the Second World War it was a categorical imperative for us to declare that we renounced war forever in a central article of the new Constitution.
People are worried about if somebody's going to say that I'm Islamophobic or what have you. This is craziness because we are at war. That's why I asked congress, go ahead and declare the 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?
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