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How many presidents have breached the US constitution when it comes to making decisions regarding war? What are your thoughts?

The constitution states that the choice to go to war is not the president's decision, but should be delegated to congress. Following remarks of the founding father's........

Alexander Hamilton:  "The President is to be commander-in-chief of the army and navy of the United States. . . .  It would amount to nothing more than the supreme command and direction of the military and naval forces, as first General and Admiral of the Confederacy; while that of the British king extends to the declaring of war and the raising and regulating of fleets and armies, -- all of which by the Constitution under consideration, would appertain to the legislature."  (The Federalist, 69, 1788.)
      ". . . .'The Congress shall have the power to declare war'; the plain meaning of which is, that it is the peculiar and exclusive duty of Congress, when the nation is at peace, to change that state into a state of war. . . ." 

Thomas Jefferson:  "We have already given in example one effectual check to the dog of war by transferring the power of letting him loose from the Executive to the Legislative body. . . ."  (Letter to Madison, 1789.)
     "Considering that Congress alone is constitutionally invested with the power of changing our condition from peace to war, I have thought it my duty to await their authority for using force in any degree which could be avoided." 

James Madison:  ". . . The power to declare war, including the power of judging the causes of war, is fully and exclusively vested in the legislature . . . the executive has no right, in any case, to decide the question, whether there is or is not cause for declaring war."  (1793.)
     "The constitution supposes, what the History of all Governments demonstrates, that the Executive is the branch of power most interested in war, and most prone to it.  It has accordingly with studied care vested the question of war to the Legislature." 


Posted - November 20, 2018

Responses


  • 19942
    Unless I'm mistaken, the last time Congress declared war was WWII. This post was edited by SpunkySenior at November 20, 2018 3:56 PM MST
      November 20, 2018 1:45 PM MST
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  • 6023
    Ahhh ... but did you know there were actually SIX declarations of war?

         Japan (12-08-1941)
         Germany (12-11-1941)
         Italy (12-11-1941)
         Bulgaria (06-04-1942)
         Hungary (06-04-1942)
         Rumania (06-04-1942)

    https://outsidethewire.armytimes.com/2014/06/17/how-many-times-has-the-u-s-declared-war-see-all-11-declarations/
      November 20, 2018 2:49 PM MST
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  • 19942
    All revolving around WWII.  Nothing since then.
      November 20, 2018 9:16 PM MST
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  • 22891
    have no idea
      November 20, 2018 1:52 PM MST
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  • 6023
    https://en.wikipedia.org/wiki/Timeline_of_United_States_military_operations#1775%E2%80%931799

      November 20, 2018 2:53 PM MST
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  • 2706
    Too many Presidents have breached the Constitution and unfortunately, Congress has shirked its duty and let them get away with it. The War Powers Resolution of 1973 was meant to check the president’s ability to do this, but subsequent administration’s have skirted that as well. Unfortunately, it seems that the Federal government as a whole makes a habit of breaching specific parts of the Constitution whenever it suits them. Even more unfortunate is the fact that very little to nothing is said or done about it. As always, just my opinion. :)
      November 21, 2018 8:15 AM MST
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  • 13251
    administration's administrations
      November 21, 2018 8:37 AM MST
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  • 2706
    Thanks. The comma stuck its foot in the door before I could react. :)
      November 21, 2018 7:23 PM MST
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  • 13251
    comma apostrophe. LOL.
      November 21, 2018 7:31 PM MST
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  • 2706
    :)
      November 23, 2018 5:24 AM MST
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  • 1305
    I enjoyed your answer, I never realised how long it's been since Congress had any say on the matter.
      November 21, 2018 12:05 PM MST
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  • 2706
    Thanks. I try to keep up on history as much possible. The Constitution and Amendments are not only a good read but a very enlightening one. I wonder how many politicians have actually read the Constitution and know what it really says. If they did, perhaps Congress and the other branches of government might take their political offices more seriously and uphold the Constitution as they swore to do.
      November 21, 2018 7:34 PM MST
    1