Mr. Chairman, I have great respect for the gentleman from Illinois and believe that he has offered what is almost a good amendment. In a debate like this about one of the most significant powers that the Constitution grants to the Congress, I think it is well to look back to the thoughts of one of the Founders and perhaps the Father of the Constitution. Madison observed as follows about this power, and I quote: Those who are to conduct a war cannot in the nature of things be proper or safe judges whether a war ought to be commenced, continued or concluded. They are barred from the latter functions by a great principle of free government . . . . In other words, the Executive who would be charged with the prosecution of the war should not be considered the proper authority for determining whether to commence one. We clearly have constitutional problems with the current War Powers Resolution. I think in order to understand those, we really need to parse out the kinds of situations that we face that implicate the war power provisions of the Constitution. First clearly we have those actions that truly involve the commencing of war in a constitutional sense. I would assume that the gentleman would agree that in those cases, the power of Congress is paramount. It is not a matter of consultation or reporting or a shared power. It is our responsibility, and no one else's, to make the decision.
David Skaggs: “Mr. Chairman, I have great respect for the gentleman from Illinois and believe that he has offered what is almost a good…”
Editor's note · Context
Discussing the constitutional powers of Congress regarding war during a committee debate.
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