A Declaration of War Against Checks and Balances

Maybe it’s just me, but the Constitution seems pretty clear in Article I, section 8: “Congress shall have Power to … declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water….” (See the Constitution.)

Thus, when I started reading a recent CNN.com article, and yesterday’s counterpart, on a bipartisan group advocating for a stronger role for Congress in the event a President decides to go to war, I found myself somewhat confused.  Shouldn’t Congress have a much bigger role in deciding whether or not we go to war? Like, maybe the only role?

Of course, technically speaking, we have not officially declared war since 1942, when we declared war against the Axis powers, yada yada.  Korea, Vietnam, Grenada, Iraq, Bosnia, Iraq again …all were just “police actions” and  ”major military operations.” The question, obviously, is where the line gets drawn.

The War Powers Act of 1973, the resolution in question of being revised by the bipartisan coalition, states that a President must inform Congress within 48 hours of his decision, as Commander-in-Chief (see Article II, section 2 of the Constitution), to send troops abroad for military action. Those troops can stay for no longer than 60 days without an express approval by Congress, or a declaration of war – also given by Congress.

The important issue is not regarding whether or not we should still be fighting in Iraq, or concerning my disapproval with it, or any other pop culture, media favorite topic of discussion.  Rather, the important issue raised here is one of more classical importance: the separation of powers, and the checks and balances inherent in our system.

In a traditional scenario, a President would appear before Congress, ask for a declaration of war, mobilize troops for action, and prepare to uphold his oath of office by defending our way of life. This president would send troops to a designated location with clear-cut goals and objectives, like “secure that beachhead” and fight until some kind of surrender by one party was agreed upon by the other.

Nowadays, war is fought in a much different manner. Presidents no longer ask for declarations of war, but rather the simpler approval of military mobilization.  Congress freely gives a budget to support this, at the current tally of about $606.5 Billion, paid for by John Q. Overworked-Underpaid-Ripped Off-Liberty Violated-American Taxpayer and his myriad of maladies and malcontents.

Our system of government was founded under the principle that no one seat of power should have the ability to undermine another; that the powers of government should be separated between the Executive, Legislative, and Judicial branches to prevent tyranny. When a branch of government steps beyond its station, it is the responsibility of another branch to put the former in its place. The problem arises when people lack the “testicular fortitude” to do something about it.

If our current Congress cannot stand up for appropriate spending, appropriate taxation and appropriate measures to secure our freedom during a time of undeclared war, the responsibility falls upon the citizens to do exactly as our Declaration of Independence dictates: “that whenever any form of government becomes destructive of these ends, it is the right of the people to alter…it, and to institute new government, laying its foundation on such principles… as to them shall seem most likely to effect their safety and happiness.”

Luckily, in this country, we have a revolution every couple of years, in which we can place new people, new parties, new governments in power by the simple act of voting.  There are currently 470 seats in Congress up for grabs along with the highly-publicized presidential election. Want to make a change in this country? Try voting.