Posted on 01/07/2002 2:12:49 PM PST by KDD
The next power of Congress is, "to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water." That the power to declare war should belong exclusively to the National Government would hardly seem matter of controversy. If it belonged to the States severally, it would be in the power of any one of them, at any time, to involve the whole Union in hostilities with a foreign country, not only against their interests, but against their judgement. Their very existence might thus be jeoparded without their consent, and their liberties sacrificed to private resentment, or popular prejudice.
The power cannot, therefore, be safely deposited, except in the General Government; and, if in the General Government, it ought to belong to Congress, where all the States and all the people of the States are represented; and where a majority of both Houses must concur, to authorize the declaration.
War, indeed, is, in its mildest form, so dreadful a calamity; it destroys so many lives, wastes so much property, and introduces so much moral desolation; that nothing but the strongest state of necessity can justify, or excuse it. In a republican government, it should never be resorted to, except as a last expedient to vindicate its rights; for military power and military ambition have but too often fatally triumphed over the liberties of the people.
186. The power to declare war, if vested in the General Government, might have been vested in the President, or in the Senate, or in both, or in the House of Representatives alone. In monarchies, the power is ordinarily vested in the Executive. But certainly, in a republic, the chief magistrate ought not to be clothed with a power so summary, and, at the same time, so full of dangers to the public interest and the public safety. It would be to commit the liberties, as well as the rights of the people, to the ambition, or resentment, or caprice, or rashness of a single mind.
If the power were confided to the Senate, either alone, or in connection with the Executive, it might be more safe in its exercise, and the less liable to abuse. Still, however in such a case, the people, who were to bear the burdens, and meet the sacrifice and sufferings of such a calamity, would have no direct voice in the matter. Yet the taxes and the loans, which would be required to carry on the war, must voted by their Representatives, or there would be an utter impossibility of urging it with success.
If the Senate should be favor of war, and the House of Representatives against it, an immediate conflict would arise between them, and in the distraction of the public councils, nothing but disaster or ruin vould follow the nation. On the contrary, if the House of Repsentatives were called upon by the Constitution to join in the Declaration of war, harmony in the public councils might fairly be presumed in carrying on all its operations; for it would be a war sustained by the authority of the voice of the people, as well as of the States.
This reasoning was decisive in confiding power the to Congress.
It's clear that Congress would have declared war after the September 11th attacks, except they didn't know who to declare war against. It's clear too that they have supported the Administration's response to date.
Nothing that hasn't happened before; nothing that won't happen again.
This is when we are up at bat, we have to challenge the government, it is our duty. That's the system set up by the Founders.
The Founders couldn't have possibly envisioned a world where all politicians are honest, and have the best interest of the nation in their minds, so they gave "We the People" the tools to challenge them.
Those tools are seldom used, we are immersed in the day to day business of life, and we sit back and yell about "those idiots" in DC; gotta stop sitting there, and gotta start doing our yelling through the Courts.
By the People, for the People, of the People.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.