Saturday, March 26, 2011

Not Once Has Congress Asserted Authority

Every time  a president takes us into a military conflict without Congressional approval, we jump him for violating the Constitution.

But, why is it no one ever jumps Congress for not assuming the responsibility? Never once has Congress taken the initiative, without being asked by the president, to declare war.

That's zero, never. One might well conclude Congress is shirking its responsibilities. After all, says the Constitution: "The Congress shall have power . . . To declare war." If it is Congress's responsibility to declare war, it needn't wait on the president for an invitation. Congress, itself, has the call, so why does it never act on its own, as if it needed to first get permission?

You don't need permission, Congress. It's your duty.

Yet, of the five times war has been formally declared, they all came only after the president asked Congress to declare war. One would think it is time Congress would step up, and when it sees a military possibility arising, rush into session, not necessarily to declare war, but to consider whether to declare war.

Say, like with the situation in Libya, had Congress met, it could have voted against the military intervention. Then, when President Obama tried to lead forces into the conflict, Congress could have said, "No, the Constitution grants us authority on this matter, and we've already ruled on whether to enter this war, and the answer is 'no.' "

I, for my part, have not decided whether I favor U.S. air presence in Libya, but I do believe it should come only with Congressional approval.

And, I think it would be neat if for the first time in history, Congress were to take the initiative and rule on the issue without being called upon to do so by the president.

Congress, step up and assert your authority.

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