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27 August 2012 By Jacob G. Hornberger Notice that all the talk about whether the U.S.
government should attack Iran and Syria focuses on
whether President Obama will order his army to attack
these two countries or on whether he should do so. The
process has become so natural and normal that it's
easy to forget the dictatorial nature of the power
that the president now wields — the omnipotent power
to send the entire nation into war on his own
initiative. That's the situation that exists in other
countries, at least those headed by totalitarian
regimes. The dictator in those countries decides on
his own initiative whether to take his nation to war.
That's part of what being a dictator is all about. A
dictator doesn't need permission from the legislative
branch of the government to go to war. As dictator, he
wields the power to make the call all on his own. As Americans, however, we should never forget that
that's not the type of system that the Framers
intended for our country. The last thing they wanted
was a president with that type of dictatorial
power—the power to send the nation into war. When the Framers called the federal government into
existence with the Constitution, they divided the
war-making power into two separate powers, one to be
exercised by the president and the other to be
exercised by Congress. While the president would have
the power to wage war, it would be Congress that would
have the power to decide whether to go to war. Thus, the law of the land — the law that the
American people set forth in their Constitution — is
that the president is precluded from waging war
without a formal declaration of war from Congress. People might not like that provision. They might
even think it's outdated. But the law is the law. If
people want to amend the Constitution to vest full
dictatorial war-making power in the president, the
Constitution provides the process for doing so. To
date, the constitutional power to declare war is still
vested in the Congress. Of course, everyone is fully aware that presidents
uniformly ignore this constitutional provision. Everyone is also aware of the fact that Congress
lets it happen, when it could and should impeach the
president for knowingly, intentionally, and
deliberately violating the higher law of the
Constitution, no doubt in part owing to the heavy
influence of the military-industrial complex on
members of Congress. Everyone is equally aware that the judicial branch
of the federal government has abrogated its
constitutional duty to declare the president's wars in
violation of the Constitution, no doubt because
federal judges know that the president and the
military wouldn't comply with their judgment anyway.
But it is incumbent on the American people to
continue to remind the president that he is a
lawbreaker when he sends our nation into war without
the required declaration of war from Congress. It is
important that the American people never acquiesce in
the law-breaking and continue to object to it. Such
dictatorial power has no place in a free society and
under our form of constitutional government. Jacob Hornberger is founder and president of the
Future of Freedom Foundation. |