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Decades of Unconstitutional Wars

Decades of Unconstitutional Wars

Despite United States Congress members insisting that Congress debate and vote on US military actions overseas, congressional leadership has chosen inaction, allowing military actions unilaterally pursued by the executive branch to continue unrestrained. And, when, this year, consideration has begun to move forward on an authorization for use of military force (AUMF), it is in the form of legislation (S.J.Res. 59) sponsored by Senate Foreign Relations Committee Chairman Bob Corker (R-TN) that would rubber-stamp the US government’s existing wars and sweepingly authorize the executive branch to choose to pursue much more additional military action across the world.

How did we reach this situation so far removed from the US Constitution’s dictate that Congress alone decides if the US goes to war, as well as what is the scope of any such wars? Constitutional scholar Louis Fisher examines this question in detail in his article “Unconstitutional Wars from Truman Forward” in the latest issue of the Center for the Study of Statesmanship’s journal Humanitas.

In his article, Fisher, who is a member of the Ron Paul Institute Academic Board, lays out the clear direction in the Constitution that it is Congress alone that has the power to place the US into war as well as to define the limits of any war it authorizes. Fisher supports this argument with a discussion of both the wording of the Constitution and context including statements of Founding Fathers.

The legislature’s power over war, Fisher notes, was recognized in the judiciary in the early years of the US. As an example, Fisher discusses an 1804 US Supreme Court decision requiring the payment of damages for a US naval captain seizing a Danish ship that was sailing from a French port.
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