Constitutional War

By RJ Harris, U.S. Congressional Candidate Oklahoma 4th District
Who Declares War; the President or Congress?

We have consented, under Article I Sec. 8 of the Constitution, to give to the Congress alone the power to declare war. Offensive military operations such as invasions, occupations, and retaliations are acts of war. Authorizations for the "use of force" stop short of declaring war. Such resolutions are mere delegations of Congressional authority because they extend to the president war declaration powers he does not constitutional posses by allowing him to initiate acts of war which will commit us to a war not yet declared. Until we correct this oversight, the wars we are waging will continue to be unconstitutional and therefore a tyranny against the American People.

Answer to the objection of, 'the Congress foresees that the president will initiate offensive actions so the Authorization for the Use of Force (AUF) resolution is as good as an act of war.'

Declarations of war make clear the sovereign against which we are at war and they articulate the "end state" desired by the Congress. This guidance tells the president who he may fight (so that the war is not spread against those sovereigns not yet declared against) and what must be achieved to secure victory and ultimately peace (so that the president may not continually change the end-state for the purpose of perpetuating and endless war). In our founders time, Kings were guilty of both of these things which is why the war declaration power was constitutionally disseminated the way it was.

Answer to, 'isn't this argument merely semantic'?

No, AUFs merely tell the president that he may use force to achieve political ends. This is absolutely a level of discretion our founders sought to avoid by empower only the Congress to declare war. Consistent with the "separation of powers" doctrine, the Congress must first declare war, and the President must then fight only the war declared.

Answer to, 'Al Qaida and other terrorist factions /activities are not sovereigns...so how does this whole declaration of war argument apply against them'?

Found in the same sentence as the Congressional war declaration authority; the Constitutional way to declare war against individuals, non-sovereign groups and/or international criminal activities is to issue "Letters of Reprisal." To date, no Letters of Reprisal have been issued by Congress against any terrorist leader, faction or activity.

Answer to, 'does this mean that when in an eminent national security situation the president has to wait around for a war declaration from Congress. What about when our people and their property, wherever they may located in the world at the time, are under direct and immediate thread of attack?

The preamble of the Constitution makes clear that one of the primary functions of the federal government is to provide for the "common Defense." So long as the President acts defensively then, he/she may act with overwhelming military prejudice if necessary. As soon as the eminent need for forceful defensive action is abated, continued forceful military operations must be approved by Congress through a proper war declaration or issuance of Letters of Reprisal. Should such Congressional action not be forthcoming, the President would be obliged to discontinue military engagements, withdraw our forces into a non-aggressive posture, and seek diplomatic solutions to the impasse or await additional guidance from Congress.

About RJ Harris:

RJ Harris is a currently serving nineteen-year Oklahoma Army National Guard Officer, two-time Iraq War Veteran and U.S. Congressional Candidate for Oklahoma's 4th Congressional District. He is a University of Oklahoma graduate in Philosophy and a second year law student at the University of Oklahoma College of Law. RJ is a Constitutional Conservative Republican and the first 912 Liberty Candidate in the nation. He has appeared on Fox News' Freedom Watch twice with Judge Andrew Napolitano and been the featured guest on conservative/libertarian talk-radio programs across the country. www.rjharris2010.com