Arlen Specter: “Mr. President, the Kosovo matter again raises the issue about the respective power of Congress under the Constitution…”

“Mr. President, the Kosovo matter again raises the issue about the respective power of Congress under the Constitution, the sole authority to declare war, and the authority of the President as Commander in Chief. This is a recurrent theme of consideration. Within the course of the past year, we faced the issue of airstrikes, which were anticipated against Iraq in February of 1998. At that time, I wrote the President, and spoke on the floor of the Senate calling on the President to seek congressional authority, if action was contemplated there, because an airstrike was an act of war and only the Congress of the United States has the authority to involve the Nation in war. There are circumstances where the President has to act in emergency situations, where as Commander in Chief he must act in the absence of an opportunity for congressional consideration. At that time, there was adequate opportunity for congressional consideration. However, it was not undertaken, and that incident passed without any military action.”