Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: frog in a pot
I turned 18 in May of 1968, and got my draft card. I have been intensely interested in this question (originally about LBJ's war powers, now extended to all of them), since then. This question is tied in to the marvelous workings of the Constitution, the way all the actors are to one extent or another set at odds to protect the people from tyranny. Reserved powers to one branch are unusual. When powers are reserved, it's for a reason. In this case - going to war requires the People (the House) and the States (the Senate). Without both, failure is the result. Look at what the People and the States (through their Congress) did about Japan:

"Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the state of war between the United States and the Imperial Government of Japan which has thus been thrust upon the United States is hereby formally declared; and the President is hereby authorized and directed to employ the entire naval and military forces of the United States and the resources of the Government to carry on war against the Imperial Government of Japan; and, to bring the conflict to a successful termination, all the resources of the country are hereby pledged by the Congress of the United States".

Now set that against the sorry record of failure and defeat in Korea, Vietnam, Iraq, and so on. What is missing?

"The President is directed"..."All the resources of the country are hereby pledged"

Now, it's true that the existence of intercontinental delivery systems for nuclear weapons required a (very) expanded view of the "repel invasion" exception to the above...but the principle stands.

58 posted on 04/17/2018 3:46:36 AM PDT by Jim Noble (Single payer is coming. Which kind do you like?)
[ Post Reply | Private Reply | To 45 | View Replies ]


To: Jim Noble
The principle you refer to, the wisdom of going into war with the efforts of a united country, without question most desirable, simply is not an essential element. However, I disagree only with your view that the power to declare war is “reserved” to one branch when the Constitution expresses no such thing.

It is clear from the record the Legislative branch has consistently agreed the Constitution does not require the Executive branch to have a formal declaration of war by both chambers in hand prior to initiating, let alone continuing, military operations.

Given that, IMO it will be a sad day for the U.S. with the realities of our present world if our politicians do indeed so tie a President’s hand.

59 posted on 04/17/2018 5:06:24 AM PDT by frog in a pot (The obscene "Remaking of America" boldly continues to grow and overflow in California.)
[ Post Reply | Private Reply | To 58 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson