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Whatever happened to the declaration of war?

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  • Whatever happened to the declaration of war?

    Good read from STRATFOR.


    In my book “The Next Decade,” I spend a good deal of time considering the relation of the American Empire to the American Republic and the threat the empire poses to the republic. If there is a single point where these matters converge, it is in the constitutional requirement that Congress approve wars through a declaration of war and in the abandonment of this requirement since World War II. This is the point where the burdens and interests of the United States as a global empire collide with the principles and rights of the United States as a republic.

    World War II was the last war the United States fought with a formal declaration of war. The wars fought since have had congressional approval, both in the sense that resolutions were passed and that Congress appropriated funds, but the Constitution is explicit in requiring a formal declaration. It does so for two reasons, I think. The first is to prevent the president from taking the country to war without the consent of the governed, as represented by Congress. Second, by providing for a specific path to war, it provides the president power and legitimacy he would not have without that declaration; it both restrains the president and empowers him. Not only does it make his position as commander in chief unassailable by authorizing military action, it creates shared responsibility for war. A declaration of war informs the public of the burdens they will have to bear by leaving no doubt that Congress has decided on a new order — war — with how each member of Congress voted made known to the public.

    Almost all Americans have heard Franklin Roosevelt’s speech to Congress on Dec. 8, 1941: “Yesterday, Dec. 7, 1941 — a date which will live in infamy — the United States of America was suddenly and deliberately attacked by naval and air forces of the Empire of Japan … I ask that the Congress declare that since the unprovoked and dastardly attack by Japan on Sunday, Dec. 7, a state of war has existed between the United States and the Japanese Empire.”

    It was a moment of majesty and sobriety, and with Congress’ affirmation, represented the unquestioned will of the republic. There was no going back, and there was no question that the burden would be borne. True, the Japanese had attacked the United States, making getting the declaration easier. But that’s what the founders intended: Going to war should be difficult; once at war, the commander in chief’s authority should be unquestionable.


    Rest here.

    http://www.stratfor.com/weekly/20110...2d3c11ca009811
    Outside of a dog, a book is man's best friend. Inside of a dog, it's too dark to read. -Groucho

  • #2
    Re: Whatever happened to the declaration of war?

    Since the beginning of the 21st century, the American president has been a Caesar. Based on nothing more than a Justice Department memo, George W. Bush was declared to be above US statutory law, international law, and the power of Congress as long as he was acting in his role as commander-in-chief in the “war on terror.”

    Caesar Obama has done Bush one step better. Caesar Obama has taken the US to war against Libya without even the pretense of asking Congress for authorization. This is an impeachable offense, but an impotent Congress is unable to protect its power. By accepting the claims of executive authority, Congress has acquiesced to Caesarism. The American people have no more control over their government than do people in countries ruled by dictators.
    Paul Craig Roberts
    http://www.globalresearch.ca/index.p...t=va&aid=24146

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