Tuesday, January 7, 2020

Here's One Thought on How to Declare War

   The art of declaring war. Rewrite the book on how to do it. Perhaps, bring us back to the day when Congress declared war.
  Which is what the Constitution intended. "Congress shall have power . . . To declare war . . . and make Rules concerning Captures on Land and Water."
   No room there for President Trump to do all the deciding.
   Back in the day, all the U.S.'s foes were far across the sea. You couldn't attack in a minute. The Founding Fathers didn't realize there would come a time when attacks could be made at an instance. We should consider, there are two times when much deliberation on going to war is not prudent:
   (1.) When you are suddenly attacked, and need to immediately defend yourself.
   (2.) When you need to attack with the element of surprise.
  Any new war powers act should perhaps state the U.S. forces can defend themselves if attacked. Perhaps such a law is already on the books. If not, place it there.
  The element of surprise? If you allow allow all members of the House, and all members of the Senate, and all their staff to know about the attack, it isn't going to be kept secret. But, if you want to hold to the idea that Congress should be the party declaring war, not the president, how about giving war powers to just a handful or so members of Congress, maybe, say, five or seven members. Rather than making them beholden to the president, or to any current office holder, let them  be selected by . . . the president of the Electoral College. Okay, we don't even have such a person -- president of the Electoral College -- but somehow I like the idea of restoring use of the Electoral College. So, elect a president of that body, and let him appoint the congressional members who will serve on the War Powers Board.
   Or, maybe even let the whole of all the electors meet and vote on who will be on the War Powers Board.
   In any such case where you need the element of surprise, the Department of Defense shall notify the president and the War Powers Board, and the president shall be allowed in attendance as a non-voting participant, and War Powers Board shall have power to declare all such acts of war.
   Power to declare war would be returned to Congress, itself, for all other acts of war, with the body being given a one-day time limit for voting on whether to decide whether we will go to war. Should Congress want to reverse field, and get out of war after it authorized it, it can get together and nullify the decision to go to war.

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