Comments on: The Constitution, the Executive Branch and War Powers http://tenthamendmentcenter.com/2008/08/21/the-constitution-the-executive-branch-and-war-powers/ Concordia res Parvae Crescunt Wed, 19 Jun 2013 06:48:10 +0000 hourly 1 By: Sergio http://tenthamendmentcenter.com/2008/08/21/the-constitution-the-executive-branch-and-war-powers/comment-page-1/#comment-503335 Sergio Wed, 23 Mar 2011 06:05:15 +0000 http://www.tenthamendmentcenter.com/?p=147#comment-503335 OK, so let me get this straight: The President cannot go to war without the approval of Congress. Congress now grants the power to decide to go to war to the president thus "illegally" transferring it's powers to the executive branch. So, Congress decides whether or no to declare war, the president has the final say to wage war. But, if Congress grants permission to the president to decide to go to war, doesn't that give the president the approval of Congress to begin with?

There may not be anything stated in the constitution that allows such a transfer of power but Congress in-turn has the power to AMEND the constitution (correct me if I'm wrong).
The government creates and devises laws, government has the power to change a law. Should they simply change the laws governing "war powers" in order to not break them?
That seems somewhat redundant and quite hypocritical in my opinion. I'm not trying to support war of any kind but how does this make any sense?

I guess my question is, in what way is it truly illegal? A law without consequence is effectively null and void (again correct me if I'm wrong). Thus a law that would prohibit any action whatsoever, without consequence, would make said action legal by De-facto.

Point being, who has the authority to arrest a congress person or a president for infringing in such laws?

]]> By: MichaelBoldin http://tenthamendmentcenter.com/2008/08/21/the-constitution-the-executive-branch-and-war-powers/comment-page-1/#comment-498122 MichaelBoldin Thu, 17 Mar 2011 22:45:37 +0000 http://www.tenthamendmentcenter.com/?p=147#comment-498122 Congress does not have the authority to tell the president

if you want to go to war with (country), you can. just let us know about it after.

That is a TRANSFER of the war declaring power to the president, who is only authorized to WAGE war.

It is CONGRESS, not the executive that can make that decision and nothing in the constitution authorizes a transfer of any power to another branch.

]]> By: @Stewman1965 http://tenthamendmentcenter.com/2008/08/21/the-constitution-the-executive-branch-and-war-powers/comment-page-1/#comment-497923 @Stewman1965 Thu, 17 Mar 2011 16:16:21 +0000 http://www.tenthamendmentcenter.com/?p=147#comment-497923 I agree with most of what you said but you made a mistake.. George W Bush's invasion of Iraq was in agreement with the Constitution, getting permission from both the house and senate to invade Iraq.. Use of force in Iraq passed Senate by a vote of 77 to 23, and the House by 296 to 133…. You could argue that the war in Afghanistan was illegal, even though the resolution was passed by the Congress, overwhelmingly, it was not a specific war against Afghanistan but a "War on Terror", to include any nation that was determined (on the fly) by the president to harbor or assist Terrorists..

]]> By: Vic Fedorov http://tenthamendmentcenter.com/2008/08/21/the-constitution-the-executive-branch-and-war-powers/comment-page-1/#comment-307284 Vic Fedorov Tue, 23 Feb 2010 15:59:41 +0000 http://www.tenthamendmentcenter.com/?p=147#comment-307284 The most wonderful thing about shrinking the federal government down into simply a united defense league; is that it would give the states far more power and involvement effecting what we do with our troops overseas; and how do we effectively protect the country; and more discussion and less secrecy regarding the most effective ways to prosecute wars. It's not so much that we have to league Iraq, but that we've had 7 years to win this thing and leave it in peace; the conception that one country can enforce peace for another–be it brits in ireland or russians in eastern europe—has not really shown itself to be the right approach. Wishing the summit well–

]]> By: The Dumbest Thing I’ve Ever Heard — Populist Party Blog http://tenthamendmentcenter.com/2008/08/21/the-constitution-the-executive-branch-and-war-powers/comment-page-1/#comment-287539 The Dumbest Thing I’ve Ever Heard — Populist Party Blog Fri, 09 Oct 2009 16:05:23 +0000 http://www.tenthamendmentcenter.com/?p=147#comment-287539 [...] Iraq and Afghanistan, and the regular bombing of Pakistan, and the talk of sanctions against Iran (I happen to be opposed to all of it) – to give a “peace” prize to someone overseeing multiple wars is more Orwellian than [...]

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