Melvin Watt: “Article I of the United States Constitution states that the Congress shall have power to declare war. Article II of the…”

“Article I of the United States Constitution states that the Congress shall have power to declare war. Article II of the Constitution provides that the President shall be the Commander-in-Chief. Over the years, these provisions of the Constitution have been the subject of a virtually endless tug of war between the legislative branch and the executive branch, as well as the subject of virtually endless debate among constitutional scholars. In general I believe, and many constitutional scholars agree, that these two provisions reserve to Congress the sole authority to declare war when there is time for Congress to make a deliberative determination to invade another country and allow the President, as Commander-in-Chief to engage the United States in war only in response to an attack upon the United States or its citizens or in the event of direct and imminent threat of such an attack. I believe the resolution before us today crosses the line, delegating to the President the authority our Constitution gives solely to Congress.”