How Congress Forgot Its Own Strength - Mario M. Cuomo
How Congress Forgot Its Own Strength
By MARIO M. CUOMO | October 7, 2007 | Op-Ed Contributor
SENATORS Jim Webb of Virginia and Hillary Clinton of New York are right to demand that the president go before Congress to ask for a “declaration of war” before proceeding with an attack against Iran or any other nation. But there is no need for this demand to be put into law, as the two Democrats and their colleagues are seeking to do, any more than there is need for legislation to guarantee our right of free speech or anything else protected by the Constitution.
Article I, Section 8 already provides that only Congress has the power to declare war. Perhaps the founders’ greatest concern in writing the Constitution was that they might unintentionally create a president who was too much like the British monarch, whom they despised. They expressed that concern in part by assuring that the president would not have the power to declare war.
Because the Constitution cannot be amended by persistent evasion, this mandate was neither erased nor modified by the actions or inactions of timid Congresses that allowed overeager presidents to start wars in Vietnam and elsewhere without making a declaration.