To Declare War: Restoring Balance to the Use of Military Force
Abstract
Since the founding of the nation, the Constitution has served both as a framework for growth and a source of conflict. In order to provide clarifying guidance, Congress passed the War Powers Resolution in 1973 over President Richard Nixon's veto. While conceived with good intention, it abrogated legislative authority over deciding whether to go to war in clear violation of the Constitution. This error was compounded by the 2001 Authorization for Use of Military Force. In an attempt to provide the commander-in-chief with the ability to confront a complex enemy following the attacks against the United States on September 11, 2001, Congress yielded broad war making powers, with vague language and no expiration date, to the President. Now in its seventeenth year of existence, the AUMF has been used by three Presidents to justify actions in Afghanistan, Iraq, Syria, Libya, and other less well-known conflicts around the globe. Presidents have pursued adversaries that did not exist in 2001 to locations that have little to no connection to 9/11. The result of these two laws is that Congress has been released from any responsibility in war making while the President is left without oversight. In so doing, the American people have been removed from the decision about when and where to use military force.
Document Details
- Document Type
- Technical Report
- Publication Date
- May 08, 2018
- Accession Number
- AD1177184
Entities
People
- Thaddeus L. Ronnau
Organizations
- Marine Corps University