congress declares it. but the commander and chief can start it.
See the war powers act.
Why should we worry. Obama is presidential and he will never attack Iran.
I will see pigs fly first
The idea that the President can begin a war without the Congress first declaring one is a perversion of the US Constitution.
But only AFTER Congress has declared it.....and not this 'resolution' crap either. An actual Declaration of War.
The War Powers Act cannot conflict with the provisions in the Constitution. If it does, it effectively nullifies itself.
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The executive has no right, in any case, to decide the question, whether there is or is not cause for declaring war.
James Madison
Allow the president to invade a neighboring nation, whenever he shall deem it necessary to repel an invasion, and you allow him to do so whenever he may choose to say he deems it necessary for such a purpose—and you allow him to make war at pleasure.
Abraham Lincoln ~ Letter to William Herndon Feb. 15, 1848
Was the war powers act ratified as a Constitutional Amendment?
If not then we’re attempting to parse words of the Constitution. What is the difference between “declaration and starting”? This act goes against and is not Constitutional.
http://en.wikipedia.org/wiki/War_Powers_Resolution
The War Powers Resolution requires the President to notify Congress within 48 hours of committing armed forces to military action and forbids armed forces from remaining for more than 60 days, with a further 30 day withdrawal period, without an authorization of the use of military force or a declaration of war. The resolution was passed by two-thirds of Congress, overriding a presidential veto.
Both Clinton and Obama have illegally started wars.
Constitution trumps Act!
The War Powers Act is a violation of the seperation of powers principle. It actually allows Congress to vote on ordering the troops off the battlefield. The POTUS is the sole C-in-C under Article II, Sec 2.
Cite the section of the constitution where ANYONE in Congress that is not in the reserve component is in the chain of command of ANY SINGLE member of the armed forces. I was in the army and National Guard for 28 years and NO member of Congress was EVER in my chain of command.
Waging war is a joint responsibility of the executive and congress. Congress can declare and fund it. The POTUS is the only one who can order the troops to march. The founders never intended to have hundreds of members of Congress endlessly debating a situation which might require a rapid response. The declaration of war primarily triggers some specific diplomatic and legal realities and alterations. It was NEVER intended to hobble a reasoned response by a POTUS to an imminent situation. That is why he has near plenary power over the actions of the armed forces. If the congress wishes to halt his action they they must find the courage to deund the campaign.
Its just unfortunate that a Marxist usurper without an ounce of fidelity to the US is illegally occupying this vital job