After 80 years, time for Congress to take back power to declare war

Eighty years ago Congress last issued a declaration of war as required by Article 1, Section 8, Clause 11 of the Constitution: “The Congress shall have power to declare war.” Invoked to launch or defend against wars 3 times in the 19th and twice in the 20th century, that Constitutional requirement has become as outdated as a dial telephone used to spread the news of the last one, December 8, 1941.

Once established as the world’s supreme superpower, American presidents, beginning with Harry Truman in 1950, decided to abandon the need to ask Congress to declare war. Incredibly, Congress went along with this enormous transfer of the war power to the president. When Truman decided to intervene in the Korean conflict, he simply called it a police action and began a military campaign that took several million Korean lives as well inflicting 128,000 U.S. casualties, of which 36,500 died. That’s some ‘police action’.

In the 71 years since, the U.S. has engaged in dozens of wars, some so secret most Americans are oblivious to their occurrence. Several million were killed in America’s undeclared wars in Korea and Vietnam alone. Hundreds of thousands more were killed in U.S. wars in Iraq and Afghanistan, Panama, Serbia, Libya and Yemen to name six. The slaughter in Yemen, heading into its 8th year, was outsourced to Saudi Arabia, using U.S. planes, drones, bombs and intelligence. Tens of thousands were killed in numerous Latin American countries who dared seek progressive reforms. Such efforts threatened American business interests inspiring U.S. presidents to launch insurgencies against decent governments labeled communist. We’re still degrading life in Cuba for 62 years for simply overthrowing a vicious dictator who, for a quarter century, handed over Cuba’s wealth to ravenous U.S. companies and organized U.S. crime.

During these 8 decades Congress never explicitly granted the 13 presidents succeeding Truman the power to unilaterally wage war. Congress pays lip service to Article 1, Section 8, Clause 11, occasionally making feeble efforts to take it back.

Why does Congress sit back, letting presidents run amok with war? Many congresspersons enjoy watching murderous American firepower from the safety of their congressional desk. Virtually all see no upside in opposing presidential warfare, fearing loss of seat to opponents charging them with being soft on communism, terrorism or the bogeyman of the day. They can bask in victory or claim innocence from guilt when war goes badly as it often does. Incredibly, many in Congress cry endlessly over billions spent on improving life in the homeland, but grow mute as trillions are squandered for endless, murderous warfare.

December 7, we mourn the 2,403 U.S. personnel who died on the Day of Infamy 80 years ago. We should also mourn the death, a day later, of Article 1, Section 8, Clause 11, the Congressional power to declare war.