4 ms·

Presidents have a poor track record with the Constitution. For example, the Constitution says only Congress can declare war, but that hasn't happened since WWII

Presidents have a poor track record with the Constitution. For example, the Constitution says only Congress can declare war, but that hasn't happened since WWII.

DamnYuppie 10y ago
Yeah. They have been skirting that by using the "Supreme Commander in Chief" bs. So the president can happily mobilize the entire military without congress, I am not a fan of this.
- Retra 10y ago
  There's also the "this isn't actually a war (waged against a sovereign nation), it's just counter-terrorism" angle.
- SEJeff 10y ago
  The presidential powers act allows the Commander in Chief of the US armed forces (aka the president) to send the military anywhere in the world for up to 60 days so long as he notifies Congress within 48 hours of making the decision to do so. This was made law under the War Powers Resolution of 1973. Then again, if you send the military somewhere hostile, in 60 days you've likely started a war regardless of what Congress thinks.
  - deleted 10y ago
    [deleted]
phaus 10y ago
Am I missing something, or haven't they voted on it every time? https://en.wikipedia.org/wiki/Iraq_Resolution https://en.wikipedia.org/wiki/Iraq_Resolution https://en.wikipedia.org/wiki/Declaration_of_war_by_the_United_States https://en.wikipedia.org/wiki/Declaration_of_war_by_the_Unit...
- mysterypie 10y ago
  Your second link cleared confusion for me. Blogs and newspapers throw around contradictory statements like only Congress can declare war or that the President doesn't need Congressional approval to send troops, but they never explain the contradiction. tl;dr: Wikipedia: The Constitution says "Congress shall have power to declare War". However, that passage provides no specific format for legislation declaring war. Many have postulated "Declaration of War" must contain that phrase as or within the title. Others oppose that reasoning. The courts have found that an authorization [by Congress] suffices for a declaration [in at least one case].
  - hackuser 10y ago
    I don't think Wikipedia's version is entirely correct. I think generally the courts have refrained from getting involved; generally they don't want to be in the position of making national security decisions and defer to the President and Congress. Also, it overlooks a major element, the War Powers Resolution, which IIRC was passed partionally in response to the Korean and Vietnam wars being fought without a declaration of war.

Presidents have a poor track record with the Constitution. For example, the Constitution says only Congress can declare war, but that hasn't happened since WWII.

DamnYuppie 10y ago

Yeah. They have been skirting that by using the "Supreme Commander in Chief" bs. So the president can happily mobilize the entire military without congress, I am not a fan of this.

Retra 10y ago
There's also the "this isn't actually a war (waged against a sovereign nation), it's just counter-terrorism" angle.
SEJeff 10y ago
The presidential powers act allows the Commander in Chief of the US armed forces (aka the president) to send the military anywhere in the world for up to 60 days so long as he notifies Congress within 48 hours of making the decision to do so. This was made law under the War Powers Resolution of 1973. Then again, if you send the military somewhere hostile, in 60 days you've likely started a war regardless of what Congress thinks.
- deleted 10y ago
  [deleted]

phaus 10y ago

Am I missing something, or haven't they voted on it every time? https://en.wikipedia.org/wiki/Iraq_Resolution https://en.wikipedia.org/wiki/Iraq_Resolution https://en.wikipedia.org/wiki/Declaration_of_war_by_the_United_States https://en.wikipedia.org/wiki/Declaration_of_war_by_the_Unit...

mysterypie 10y ago
Your second link cleared confusion for me. Blogs and newspapers throw around contradictory statements like only Congress can declare war or that the President doesn't need Congressional approval to send troops, but they never explain the contradiction. tl;dr: Wikipedia: The Constitution says "Congress shall have power to declare War". However, that passage provides no specific format for legislation declaring war. Many have postulated "Declaration of War" must contain that phrase as or within the title. Others oppose that reasoning. The courts have found that an authorization [by Congress] suffices for a declaration [in at least one case].
- hackuser 10y ago
  I don't think Wikipedia's version is entirely correct. I think generally the courts have refrained from getting involved; generally they don't want to be in the position of making national security decisions and defer to the President and Congress. Also, it overlooks a major element, the War Powers Resolution, which IIRC was passed partionally in response to the Korean and Vietnam wars being fought without a declaration of war.