I am opposed to the pending resolution for constitutional policy reasons and for pragmatic reasons. With respect to the constitutional issue, we have seen a significant erosion of congressional authority, as mandated in the Constitution, to declare war--the President having assumed the authority to declare war under his powers as Commander in Chief. Korea was a war without a declaration by the Congress. Vietnam was a war without a declaration by the Congress, except for the ill-advised Gulf of Tonkin Resolution. The missile strikes against Iraq in December constitute acts of war without authorization by Congress. The airstrikes against the Federal Republic of Yugoslavia constitute acts of war without congressional authorization. There was a resolution authorizing airstrikes which passed the Senate 58-41, but under our bicameral form of Government, the House of Representatives did not concur in authorizing that use of force. The broad sweeping authority contained within the pending resolution really is, in effect, tantamount to a delegation of Congress' authority.
Arlen Specter: “I am opposed to the pending resolution for constitutional policy reasons and for pragmatic reasons. With respect to the…”
On the recordMay 3, 1999
Source
govinfo.govEditor's note · Context
Opposing a resolution related to war powers and congressional authority.
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