Dan K, brought up several great questions in the comments of the Constitutional War Amendment, and I thought I would re-post my response here.
DK: Interesting approach, but I would be concerned about misapplication by Congress to justify maintaining the current military machine, especially with the shift in warfare to conflicts involving violent non-state actors.
RSW: Misapplication will certainly occur as the state cannot be trusted to obey its limits. After all, if the state stayed within its constitutional limits, this amendment wouldn’t be necessary.
Congress is hesitant to declare war; otherwise they would be doing it. A recorded vote on a war declaration is something the opposition can run against in the next election, and individual members of congress don’t want that.
Violation of the amendment is also grounds for impeachment, which means the congress will always be looking for overstep by the executive as long as they are not the same party. I believe that Bush and Obama would both have been impeached under this amendment at the points in their presidencies when they lost the super majority.
DK: If Congress declares war on North Korea, where would deployment of armed forces be okay? North Korea, South Korea, Japan, China, Russia, etc.? Non-local regions/nations, e.g. Iran, Syria? What’s the limit? Continue reading “Constitutional War Amendment Questions”