David Skaggs: “but in recent years, we have allowed the President to usurp Congress' power in this area and far exceed, I believe, what…”

“but in recent years, we have allowed the President to usurp Congress' power in this area and far exceed, I believe, what the Constitution contemplated. I just wanted to offer to my colleagues' attention what I hope will be a graphic representation to help understand what we are talking about. That is the gray area that exists concededly between the Constitution's grant to the President of foreign policy and Commander in Chief powers and what the Constitution grants to this Congress under the war-making clause. At one end of the spectrum, we all recognize the President has the inherent power to act to repel an attack, acts of defense of the Nation. At the other end of the spectrum of possible military operations, it is also pretty clear that we are given the power to determine whether or not this country would invade another country, a pure offensive action. No one really knows exactly where our power ends under the Constitution, and our exclusive power, I might add, nor where the President's exclusive powers as Commander in Chief end. There is a gray area. But whatever Congress' power extends, all this amendment does is to say, to that extent, funds in the bill cannot be spent without complying with the Constitution.”