Sooner rather than later...

[Griff]

Originally posted by Tobiasly
The Constitution says that Congress has the power to declare war. It says that the states do not have the power to declare war.

I don't see anywhere that it prevents the president from doing so, or states that we are not at war until Congress says we are.

Article I

Section 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section 8. The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;


...To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

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

To provide and maintain a navy;

To make rules for the government and regulation of the land and naval forces;

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

To 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;

Article II

Section 1. The executive power shall be vested in a President of the United States of America.

Section 2. The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.


Just like any other Fed Gov action, Congress proposes and the President disposes (separation of powers). As Dham noted we've engaged in many conflicts without Congressional approval and I would argue that they would include our least justified "wars". UT noted that the Executive Branch will do whatever they can get away with, hence the overblown pronouncement on Padilla followed by Wolfowitz' more restrained comments, timed with the discussion of a new cabinet department. Presidents have long manipulated public opinion and Congress to get the power they want. Teddy Roosevelt having a limited purse and unlimited ambition sent a fleet half way around the world busting the War Department budget, forcing Congress to confisc... er find the money for a return voyage. Bush will make committments putting Congress in a box, forcing them to pony up. The Romans did the same thing, handing more and more power to the executive Caesar when the legislative Senate didn't have the stomach for the hard decisions. Attack of the Clones is based on the same formula.

Anyway Tob, we agree that they must be careful about revealing their sources of information so they don't lose any operatives or jeopardize security.