Is The War Powers Act Constitutional? Revised 9/14/2013, 6:00PM
by C Howard Diaz
With all the discussion over whether the president has the authority to attack Syria on his own authority, the war powers act has been tossed around as though it is the final authority on the matter.
In creating the Constitution of the United States our forefather’s created a document so easy to follow it would seem impossible to misunderstand it. That is, if any American loves this country, understands the Constitution and swears to uphold, defend and protect it, it is an easy document to follow.
BUT, there is not one word in the Constitution or any of its amendments that authorizes the president of the United States to attack any nation, on his own authority, for any reason at anytime.
If you understand our Constitution and have followed what I have written, even more important than what the Constitution says is what our Constitution doesn’t say. Our forefathers made that clear in the Tenth Amendment which states:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
“The powers not delegated to the United States by the Constitution” means if the “power” or “authority isn’t in the Constitution the federal government doesn’t have it.
So the answer to the headline question, “Is The War Powers Act Constitutional?” is a resounding NO!
While Congress has the authority to create laws, those laws must be Constitutional and the War Powers Act does not pass that test. An attack on any nation is in fact an act of war and yet the post World War Two mindset has been able to separate an attack from an act of war. Where do they find that separation?
The Japanese attacked us at Pearl Harbor and in his address to the nation President Roosevelt stated:
“I ask that the Congress declare that since the unprovoked and dastardly attack by Japan on Sunday, December 7th, 1941, a state of war has existed between the United States and the Japanese empire.”
Listen to it For yourself.
Get it? He said, “a state of war has existed between the United States and the Japanese empire,”
I’ll try again, “a state of war existed” because Japan attacked without anyone declaring anything.
The attack caused “a state of war” to exist and yet today there are those who believe an attack by the United States does not mean a state of war exists.
I say it does and if any president wants to attack any other nation, that president must, and honorably should, ask Congress to declare war on that nation.
If the Constitution were followed a president could still attack a nation, but would have to ask for a declaration of war. If Congress approved, the People would know who voted for it and could resolve their vote, for or against any Congressman in the next election.
If the Supreme Court were doing its job, laws or acts like “The War Powers Act” would be declared UNCONSTITUITIONAL and that would remove this false power from any president.
An attack on any nation is an act of war and no one person should have the authority to act on his own. Our Forefather’s knew it and it’s time for the federal government to understand it.