The Constitution grants specific powers to specific branches of the Federal government and also states that any power not granted to them in the Constitution was reserved for the states.
If the power to declare war is not granted to the executive branch by the constitution then, per that same Constitution, that power is not available to that branch.
Congress was granted the power to declare war.
No one else.
So no one else possesses that power.
The various branches of government are absolutely and without question limited to the specific powers granted it by the Constitution and no more.
in fact Chan, D4T DID dispute the notion that the Constitution provides America the ability to intervene in foreign affairs.
further, the articles I quoted do not state imperically that the Congress must delcair war for such interventions to happen.
addtitionally, both the President and the Congress are following the letter of the constitution, in that appropreations for the conflicts currently takeing place are reviewed and renewed within the specified time frame of 2 years.
thus your claim is baseless constitutionally.
however, if you desire to make a Philosophical argument based on what you believe to be the best course, then have at it. I disagree but the constitution does afford you that right.
Article II Section 2.
"The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States." There is no other power given to the President with regard to his function as Commander in Chief. Unless the power is specifically given to a particular branch of the federal government, the federal government does not have the power.
As for Congress, Section 8 of Article I states the following (in addition to what you quoted):
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
The Constitution grants specific powers to specific branches of the Federal government and also states that any power not granted to them in the Constitution was reserved for the states.
If the power to declare war is not granted to the executive branch by the constitution then, per that same Constitution, that power is not available to that branch.
Congress was granted the power to declare war.
No one else.
So no one else possesses that power.
The various branches of government are absolutely and without question limited to the specific powers granted it by the Constitution and no more.
the constitution grants the congress the right to make law governing American military intervention in foreign nations. That was followed to the letter in both Iraq and Afghanistan.
the constitution grants the president the autority to direct the military as the Commander in Chief. the current president is opperating in that roll to the letter of the law as outlined by the constitution.
you are factually wrong on this subject. Americas 2 current conflicts fall well within the confines of the Constitution.
__________________ If I do something stupid blame the Lortab!
"The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States." There is no other power given to the President with regard to his function as Commander in Chief. Unless the power is specifically given to a particular branch of the federal government, the federal government does not have the power.
As for Congress, Section 8 of Article I states the following (in addition to what you quoted):
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
Clearly this adds to the point that I have already made. Both the President and the Congress have acted within the confines of the constitution.
__________________ If I do something stupid blame the Lortab!
the constitution grants the congress the right to make law governing American military intervention in foreign nations. That was followed to the letter in both Iraq and Afghanistan.
the constitution grants the president the autority to direct the military as the Commander in Chief. the current president is opperating in that roll to the letter of the law as outlined by the constitution.
you are factually wrong on this subject. Americas 2 current conflicts fall well within the confines of the Constitution.
Where does the Constitution say Congress gets to make law regarding American military intervention in foreign nations other than a declaration of war?
FROM THE RELEVANT ARTICLE OF THE CONSTITUTION, CONGRESS HAS THE POWER:
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States
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