September 20, 2004
Separation of Powers: Declaring War
American Military University
SS 121, American Government I
by James Landrith
Separation of Powers: Declaring War
American Military University
SS 121, American Government I
by James Landrith
The ability to wage war is one of the most important powers of the presidency. Central to this function is the concept of separation of powers, which divided government powers and authorities across the legislative, executive and judiciary branches of government. The intent of this separation was to prevent any one person or group of persons from consolidating enough power to divulge in tyrannical behavior. The framers of the Constitution deliberately created this separation based on their observations and experiences with England and its flimsy separation of powers and repeated forays into despotism.
Congress claims the right to declare war, but the executive branch is tasked with the responsibility to conduct war. The right of the president to respond to imminent threats and offensive attacks was granted in 1973 via the War Powers Resolution. What constitutes an imminent threat, however, is not readily agreed upon and easily subject to manipulation for political gain.
Recently, the concept of separation of powers has become a hot topic. A central component of this topic is the observation by some that fighting two separate wars against dissimilar foes has strained our military readiness and squandered billions of dollars. The executive’s right of response to the terrorist attacks of 2001 is clear cut and in keeping with the 1973 Resolution. By contrast, the U.S. invasion of Iraq fails the imminent threat test according to Texas Republican Representative Ron Paul. In late 2002, Congress voted to grant President Bush the authority to enforce the United Nations’ cease-fire agreement with Iraq. The granting of permission to enforce the agreement of an international body with a foreign government who had not attacked the United States is not the equivalent of declaring war. Rep. Paul pointed this out during debate on the resolution authorizing the president to enforce the United Nations agreement by mentioning that Congress had completely failed to declare war on Iraq. Rep. Paul further pointed out that “an up or down vote on declaring war on Iraq would not pass.” This failure to formally declare war is in stark contrast to the commitment of American lives and resources made by the last formal declaration of war made on December 11, 1941.
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