[Political Junkie Too]

There is no such concept of "war powers" in the Constitution as relates to the President's Article II powers as Commander-in-Chief.

The are only two "war powers" in the Constitution:

1. Article I Section 8 Clause 11 power of Congress "To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;"

2. Article I Section 10 Clause 4 power of Congress that "No State shall, without the Consent of Congress... engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay."

That's it. Congress can declare war, and Congress can approve states engaging in war.

The President, as Commander-in-Chief, has Article II Section 2 plenary powers to use the military as he wishes. He doesn't need the permission of Congress, or else we'd have a Congress-in-Chief where the President becomes a lesser officer.

Congress can declare war, but that doesn't obligate the Commander-in-Chief to wage that war, either. The President could choose to use diplomacy to de-escalate tensions and never act on Congress' declaration of war.

The Article I Section 8 power of Congress to "declare war" is not a check on the President's power to use the military. The proper check is the Article I Section 8 Clause 12 power:

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

The power of Congress to defund the army was the check on an adventurous President who is misusing the military. A president has a two-year window to use the military before Congress must reauthorize the funding for the military for another two years.

That is how Congress oversees the president's use of military power.

-PJ

[Retain Mike]

Thanks for pointing that out. Every president has considered it unconstitutional. If the senate pushes it, maybe we have a man that will push back.