What’s the definition of war? Who is/is not authorized to declare war on drugs, crime, cartels/gangs/terrorists, declared enemies…? Is it an act of war when another nation is complicit in smuggling contraband into America? How ‘bout hacking our infrastructure?
Constitutionally:
1) “All legislative powers herein granted shall be vested in a Congress…To declare war….” (Article I Sections 1, 8). Though ONLY Congress can make laws; it doesn’t say ONLY Congress can declare war.
2) “The President shall be the commander in chief of the Army and Navy….” (Article II, Section 2). Nowhere in the Constitution does it say the President CAN’T conduct warfare sans a legislative declaration of war.
3) An uncontested precedent was established when President Truman sanctioned troops and equipment to invade Korea. At the time, it was called a “police action,” but to those who fought and died there, it was war. Likewise, Vietnam and Afghanistan were never declared, but Congress validated the sitting presidents’ power by funding these de facto wars.
The President must be allowed to assert this power as commander of the military because presenting his case before Congress might tip our strategic hand and/or allow the enemy more time to prepare/harm us.
Chuck Klein, Columnist: American Free News Network
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