On January 7, 2009, a resolution was introduced that reaffirmed the power of Congress to declare war. This bill was based on Article I section 8 of the Constitution that explicitly delegates this power to Congress.
In the recent history of the United States we had armed conflicts in which Congress did not exercise its authority to declare war. The Korean and Vietnam Wars were examples. More recently, Congress gave President Bush the authority to use American troops in the invasion of Iraq. Even this was not a declaration of war. Rather, it authorized the President to invade Iraq. Over the past fifty years of our history, the President has had more authority to declare war than Congress.
This resolution is appropriate because it serves as a reminder that only Congress should have the authority to declare war. It was one of many checks and balances established in the constitution. We need such legislation to reaffirm the constitution with respect to the powers of Congress because over the last half century, we have forgotten that Congress has the authority to declare war. If it is left in the hands of the president only, one of the checks and balances of or government will be taken away, and the Executive Branch will have more power than it should. These checks and balances were built into the Constitution as a safe guard to keep one branch of government from dominating the others. If more people are involved in a course of action, there is more assurance that it will be in the best interest of the nation and not serve the whims of one individual.
