President vs Congress about War Powers
- jimmoyer1
- Feb 28
- 4 min read
Updated: Jun 22
Abraham Lincoln's Congressional nickname?
Spotty Lincoln.
He kept standing up on the floor of Congress asking what American soil was invaded in the Mexican-American War.
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How does that apply to the German Blitzkrieg of 1940 or the Cuban Missile Crisis of 1961 or the forever wars of our time and Mission Creep?
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WAR POWER ?
Some constitutional scholars say a Declaration of War is a statement of a new legal condition with another country like the Declaration of Independence might be considered the first Declaration of War.
But a Declaration of War by Congress still not necessary for a President to wage war . The Korean War and the Vietnam War and Iraq wars and Afghanistan wars and the missiles into Libya's Khaddafi's tent were not declared wars but they did have some Congressional resolutions and support after the fact.
"A number of wars have been declared under the U.S. Constitution, although there is some controversy as to the exact number; the Constitution does not specify the form of such a declaration." - https://en.wikipedia.org/wiki/War_Powers_Clause
What are the checks on the Presidential war power?
What are the checks on Congressional war power?
What does it say of Congress power in war?
Article I, Section 8, Clause 11 of the U.S. Constitution, sometimes referred to as the War Powers Clause, vests in the Congress the power to declare war, in the following wording:
[The Congress shall have Power ...] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water ...
The War Powers Act of 1973 also tries to answer those questions.
It tries to read into the Constitution what is meant by Congress having the power to declare war and the President having the Commander in Chief role.
What did the Founders and earlier American Leaders say?
Alexander Hamilton
The Federalist No. 23 (Alexander Hamilton). Hamilton argued that the power to regulate the Armed Forces, like other powers related to the common defense, “ought to exist without limitation.”
James Madison
James Madison argues that the Constitution places war-making powers squarely with the legislative branch; for the president to have these powers is the “the true nurse of executive aggrandizement” (1793) War is in fact the true nurse of executive aggrandizement.
"War is in fact the true nurse of executive aggrandizement. In war, a physical force is to be created; and it is the executive will, which is to direct it. In war, the public treasures are to be unlocked; and it is the executive hand which is to dispense them. In war, the honours and emoluments of office are to be multiplied; and it is the executive patronage under which they are to be enjoyed. It is in war, finally, that laurels are to be gathered, and it is the executive brow they are to encircle."
"A declaration that there shall be war, is not an execution of laws: it does not suppose preexisting laws to be executed: it is not in any respect, an act merely executive. It is, on the contrary, one of the most deliberative acts that can be performed; and when performed, has the effect of repealing all the laws operating in a state of peace, so far as they are inconsistent with a state of war: and of enacting as a rule for the executive, a new code adapted to the relation between the society and its foreign enemy…."
"Those who are to conduct a war cannot in the nature of things, be proper or safe judges, whether a war ought to be commenced, continued, or concluded. They are barred from the latter functions by a great principle in free government, analogous to that which separates the sword from the purse, or the power of executing from the power of enacting laws."
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John Adams
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The Quasi-War highlighted Adams's approach to war powers. He authorized naval actions against French ships but refused to ask Congress for a formal declaration of war. This approach, while controversial at the time, is seen by some historians as a wise decision that preserved national unity and avoided a potentially devastating full-scale war.
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Andrew Jackson
During the Nullification Crisis, Jackson issued a proclamation declaring South Carolina's attempt to nullify federal tariffs as treasonous and threatened to use military force to enforce the laws, according to the American Battlefield Trust. .
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James Polk
Polk and his supporters argued that the president, as commander-in-chief, had the authority to respond to perceived threats and protect national interests, even if it meant initiating military action, according to Wikipedia.
Henry Clay
War Hawks and the War of 1812:
As a leading "War Hawk," Clay pushed for war with Great Britain, believing it was necessary to protect American maritime rights and national honor. He served as Speaker of the House and used his position to influence committee appointments and steer the nation toward war.
Constitutional Division of War Powers:
Clay believed the Constitution wisely divided the war power, giving Congress the authority to declare war, but the President and Senate the authority to define the war's aims and negotiate peace.
Criticism of President Polk:
In 1847, Clay criticized President James K. Polk's conduct of the Mexican-American War, demanding that Polk clearly state the war's objectives. He argued that if the war's purpose was not initially defined, Congress had the right to determine its aims.
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.See Cranberries' song Zombie
Compiled by Jim Moyer 6/22/2025
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