Constitutional War Question

[Broward]

As I understand it, Congress has the power to declare war. The President has the power to repel surprise attack, etc. Now, when repubs argue that the President never said "imminent," are they not defending an unconstitutional position? If the attack wasn't imminent then the war power rests with congress. I'm a little unclear on all this and I know past Presidents have abused this power, but any input would be appreciated.

[Dookus]

1. I don't know that there is a simple explanation

Congress has abdicated its constitutional responsibility to declare war, and has done so for 50 years. We haven't declared war since WWII.

I wish they'd be upfront about it and give the President constitutional authority to declare war. At least then we won't have these silly charades.

[atre]

2. Do a google search for "war powers act"

... and most such sources will probably have an explanation of the shared nature of war powers (Congress: express constitutional grant; President: implied foreign policy power).

[H2O Man]

3. Read "The Imperial Presidency"

by Arthur Schlesinger, Jr. He describes in detail the history of the constitutional mandates for declaring war, and how almost every president used and misused this part of the balance of powers. After WW2, it went way out of control, and both parties share the responsibility. This includes both in the executive and legislative branches.

[Yupster]

4. Bush went to congress before attacking

and congress gave him the authority.

Really doesn't matter though. Presidents can attack anyone they want to today with or without congressional approval.Clinton didn't even bother asking congress for a vote before attacking Bosnia-Serbia. Doesn't matter.

When Lincoln called forth the militia in direct violation of the constitution there was a big fuss. That was about the last time.

[Gyre]

5. It doesn't matter

There is no way to enforce the law when Congress and the supreme court are rubber stamps for the violator of the law. Move on to a more pragmatic issue if you value your mental health.

Gyre

[Tsiyu]

6. Remember the saying, "Pass The Buck?"

No one wants to claim responsibility for War. That way, if it goes poorly, they can claim the other branch "started it."

But our Senators and Reps are too lily-livered to speak out against war either. A Capitol full of cowards. A Capital full of goosesteppers.