The language--I urge again my colleague to read it--I am not making the language up and writing the report language--says, ``in which a declaration of war is in effect,'' and, also, ``The provisions of this article may be waived for any fiscal year in which the United States is engaged in a military conflict.'' Put aside the issue of how we vote here. The language says ``is engaged in a military conflict.'' I turn to the report language that defines those words. On page 22, it says it must involve the actual use of military force. I just know my colleagues can think of numerous examples--not phony ones, not insignificant ones--where there was imminent threat, the national security of this country was in jeopardy, we were not engaged, we were not actually using military force, but we would have wanted to waive the provisions of this particular section in order to respond to it. Whether you are for or against the constitutional amendment, it seems to me is a collateral issue at this point. The question I raise is: This language is so restrictive, it requires a declaration of war or actual engagement. Courts will interpret every word of this language in the constitutional amendment. My suggestion is not to get rid of this altogether.…
On the recordFebruary 12, 1997
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govinfo.govEditor's note · Context
Discussing the implications of language in a constitutional amendment regarding military conflict.
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