To: exodus*************************
Q: Where in the constitution do you find a requirement for the President to seek a declaration of war from Congress prior to going to war?
Regards, Boot Hill
# 263 by Boot Hill
There is no requirement for the President to seek permission from Congress to go to war.
Article 1, Section 8, Clause 11 says that the power to declare war belongs to Congress.
The power to declare war is a Legislative power.
It is not an Executive power.
But exodus also says: ""He is limited by a written Constitution that says that he DOES NOT go to war without the permission of the citizens of his nation, in the form of a Declaration of War from the representatives in Congress."
Now you've got me confused, exodus. In one quote you say there is no requirement and in the next you say not only is there a requirement, but it is in writing. Which is it?
Regards,
Boot Hill
exodus says: "The power to declare war is a Legislative power."
Yes, but the power to fight a war is an executive power.
Note that the President, as Commander-in-Chief, is not co-CIC or deputy CIC, nor is he a member of the CIC committee or council. There is only one CIC and the President is it. The essence of the concept of command (noun) is to command (verb) and that includes the command to go to war. Unless you can show me an explicit article in the Constitution that requires the President to say "mother may I", then you cannot wish for, invent or pretend such a requirement exists. That is unless you care to "discover" such a requirement in some "penumbra" of the Constitution in much the same way that SCOTUS invents Constitutional provisions when they want one.
Regards,
Boot Hill