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Neither the President nor Congress has the power to make war

 
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PostPosted: Fri May 25, 2007 5:53 am    Post subject: Neither the President nor Congress has the power to make war Reply with quote

Neither the President nor Congress has the power to make war

The President of the United States may not use military forces for any purpose, without Congressional authority, other than to repel a sudden attack; and, even then, Congress only has the power to “declare” war — not to “make” war.

On Friday, August 17, 1787, the clause "To make war" was under consideration. At this time, the current draft of the Constitution included this clause, giving to the Legislature the power to make war. After suggesting that the power to make war should be vested in the President instead of the Legislature, it was moved that the word "make" be stricken out and replaced with "declare" so as to only give the President the (defensive) power to repel sudden attacks and not to (offensively) commence war; and, to clog war for the Legislature rather than facilitate war — making it easier to get out of war than into it. During debate,...
    .....Mr. MADISON and Mr. GERRY moved to insert “declare,” striking out “make” war; leaving to the Executive the power to repel sudden attacks.

    .....Mr. SHARMAN thought it stood very well. The Executive shd be able to repel and not to commence war.

    .....Mr. GERRY never expected to hear in a republic a motion to empower the Executive alone to declare war.

    .....Mr. ELSWORTH. there is a material difference between the cases of making war and making peace. It shd be more easy to get out of war, than into it. War also is a simple and overt declaration. peace attended with intricate & secret negociations.

    .....Mr. MASON was agst giving the power of war to the Executive, because not safely to be trusted with it; or to the Senate, because not so constructed as to be entitled to it. He was for clogging rather than facilitating war; but for facilitating peace. He preferred “declare” to “make.”
It was then agreed to, with 8 States for and only 2 States against, that the word "make" be replaced with the word "declare" for those reasons stated; and, so as to deny Congress, or any single person alone, of ever having the power to make war — for, as Mr. Oliver Ellsworth, from Conecticut, said, "there is a material difference between the cases of making war and making peace. It shd be more easy to get out of war, than into it." This is the way the Constitution reads today.

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