My last article dealt with the growing crisis with Iran and the history of American presidents using missile attacks on their enemies. Based on those acts, House Democrats have passed a war powers resolution ordering the president to stop all hostilities with Iran within thirty days. This brings up many Constitutional questions and seems confusing for many. In some ways the Constitution contradicts itself by appointing the president commander-in-chief, while giving Congress the power to declare war. If this seems confusing, that is because it is, even to our political leaders. This is not the first time Congress and the president have tackled this issue and as always it will probably not be the last.
First things first. Article II, Section II of the U.S. Constitution reads, “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States.” That is it. It does not go on to clarify what that means. At the same time Article 1, Section 8, Clause 11 states, “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.” Here the Constitution does give some clarification. In Clauses 12-16 it reads, “To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.” From this it seems the Constitution does favor Congress when it comes to war powers.
As I have said before, the Constitution was purposely written vague. It is meant to be interpreted. From only reading the Constitution, it seems as if the Founders wanted to give Congress more authority in warfare. This idea is also supported by statements of the Founders.
Historically, war powers had always been in the hands of the monarch. The monarch could take the nation to war without any consideration for the ...
