Congress Shall Declare War -- Not the Pres of U.S.

United States Constitution

Article I, Section 8

The Congress shall

Have Power To Declare War.  

Raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

Provide and maintain a navy;

Make rules for the government and regulation of the land and naval forces;

Provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;  

Provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;

It's time for Democrats and Republicans in Congress to stand up and be `counted'.  It's time for them to do what our 'founding fathers' set out for them to do; represent the People of these United States of America.

The Democratic leadership should immediately stop all other proceedings in Congress, to prepare and pass a resolution telling the (any) President of United States and his administration that it would be unconstitutional for them to go to war with any country, especially Iran, without first going back to the Congress (the People of United States) and asking them for a Declaration of War.

If the Democratic leadership and the Republican minority leaders refuse to immediately do this, they should immediately be impeached for "treason or other high crimes and misdemeanors".

If the Democratic Party candidates for President in 2008 refuse to push for this resolution, they do NOT deserve to be elected into the highest office of our land.  The same holds true for the Republican Party candidates.

Note: Please read the transcript for 9/28/2007 from MSNBC Hardball when it is released online.  Watch the segment with Ex-Governor of New York, Mario M. Cuomo.


Poll
Congress Shall Declare War
Yes
No
I have other thoughts

Votes: 3
Results : Vote Link : Polls

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Re: Congress Shall Declare War (none / 0)

The problem, there is precedent: Korea, Vietnam, the Gulf War, the Iraq War. None of these had a formal declaration of war, but it did have a Resolution authorizing military action. I'm afraid a possible engage with Iran may forgo that approval from Congress entirely, hence, I will support any legislation that reaffirms the power of the Congress relating to wars. Bush Administration has taken too many freedom granted to them by the Congress. This won't end with Bush though. The next President, be it Republican or Democrat, will continue this practice. Maybe we could get Jim Webb to introduce such a bill.

Of course, having said that, I support the Liberman-Kyl Amendment, but lets not make this diary about that.


Restore America's Strength.
by RJEvans on Sat Sep 29, 2007 at 12:51:46 PM EST

Re: Congress Shall Declare War (none / 0)

Exatly, Congress has not declared war since June 5, 1942, against Bulgaria, Hungary, and Romania.  We did not even declare war on Germany first- they declared war on us because we declared war on Japan and they had a pact to do so and then we declared war on them.  We've had plenty of "wars" since but Congress didn't declare "war" in any of them.


by reasonwarrior on Sat Sep 29, 2007 at 05:16:33 PM EST
[ Parent ]

Re: Congress Shall Declare War (none / 0)

Can you imagine what will happen if China declares war on Taiwan? We have an agreement with Taiwan and if the U.S. holds up our agreement, we could see a war with China unauthorized by Congress.


Restore America's Strength.
by RJEvans on Sat Sep 29, 2007 at 05:20:14 PM EST
[ Parent ]

Re: Congress Shall Declare War (none / 0)

Congress has already consented --

Mutual defense treaty between US/Taiwan -


vote blue in 2008
by sepulvedaj3 on Sun Sep 30, 2007 at 12:35:23 PM EST
[ Parent ]

some history is in order (none / 0)

founding fathers changed that clause from "Congress shall have the power to make war" to its current form.

You might also want to include the "Necessary and proper clause" in your analysis, then look at the War Powers Resolution.

That might put things into context.

War powers are shared powers - Congress does not have the sole authority in war decisions.

You want things to change? Challenge the war powers resolution in court -- watch it go all the way to the S.C. and get smacked down.  


vote blue in 2008
by sepulvedaj3 on Sat Sep 29, 2007 at 01:18:54 PM EST


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