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Tag: Posse Comitatus Act

Making The President A King

By Kevin Rex Heine, Section News
Posted on Sat May 28, 2011 at 03:45:57 PM EST
Tags: H.R. 1540 of 2011 (Section 1034), House Vote # 361, Separation of Powers, Checks and Balances, War Powers, Posse Comitatus Act, Bill of Rights, military draft, debt ceiling, Justin Amash, John Conyers, Ron Paul, Michigan Congressional Republicans (all tags)

Allow the President to invade a neighboring nation whenever he shall deem it necessary to repel an invasion, and you allow him to do so whenever he may choose to say he deems it necessary for such purpose, and you allow him to make war at pleasure. Study to see if you can fix any limit to his power in this respect, after having given him so much as you propose. If today he should choose to say he thinks it necessary to invade Canada to prevent the British from invading us, how could you stop him? You may say to him, - "I see no probability of the British invading us;" but he will say to you, "Be silent: I see it, if you don't."
To provision of the Constitution giving the war making power to Congress was dictated, as I understand it, by the following reasons: Kings had always been involving and impoverishing their people in wars, pretending generally, if not always, that the good of the people was the object. This our convention understood to be the most oppressive of all kingly oppressions, and they resolved to so frame the Constitution that no one man should hold the power of bringing this oppression upon us. But your view destroys the whole matter, and places our President where kings have always stood.

The above quote is from a letter written by Abraham Lincoln, while serving in the United States Congress (representing Illinois' 7th District), to his friend and law-partner William H. Herndon on 15 February 1848. The purpose of the quote, and indeed much of the letter, was that Lincoln was defending his Spot Resolutions and his position opposing the Mexican-American War.

Article 1, Section 8 of the United States Constitution clearly specifies that the power to declare war is reserved to Congress only. While the President is indeed the Commander-in-Chief of the U. S. Armed Forces, he does not have the authority to order the military into an offensive engagement without Congress' consent.

But that's about to change . . . and God help us all if this stands.