by Jacob Hornberger, Future of Freedom Foundation
Make no mistake about it: President Obama’s 90-minute telephone conference call with a group of congressional “leaders” to consult about his plans to initiate a military attack on Syria does not comport with the U.S. Constitution, the higher law that the American people have imposed on federal officials.
The Constitution is clear: The power to declare war lies with Congress, not the president. Like it or not, under our form of government the president is prohibited from waging war without a declaration of war from Congress. If someone doesn’t like it, he’s free to start a movement to amend the Constitution to enable the president to both declare and wage war.
From a legal standpoint, it makes no difference that previous presidents have waged wars without the constitutionally required congressional declaration of war. Prior violations of the Constitution do not operate as an implicit amendment of the Constitution. If Obama proceeds to carry out his threat to initiate war against Syria, he will be committing a grave constitutional offense.
The Framers did not want President Obama or any other president to have the omnipotent, dictatorial authority to send the entire nation into war on his own initiative. They knew that rulers inevitably embroil themselves in things like “saving face,” “maintaining credibility,” and “showing toughness.”Details