It seems so apparent that I am astounded that everyone has not been talking about this for years, an issue so obvious that even my writing about it feels stupidly redundant: U.S. presidents do not have the constitutional power to start wars or to initiate military action in undeclared wars. The Constitution says, “Congress shall have the power… to declare war.”

I know that specious arguments are used to support presidential initiation of military action and undeclared war — these are pretexts for bypassing a congressional decision and declaring war indirectly. The Constitution was written to prevent our government from turning into a monarchy or a dictatorship. Kings and dictators have personal control of their armies and they start wars at will; presidents may not.

Congress not only has the power, but also the responsibility to decide whether or not to engage in military action. Since World War II, presidents have usurped congressional power by engaging in a long series of military operations, many of them clearly acknowledged by our language to be actual wars: the Korean War, the Vietnam War, the Kosovo War, the Gulf War, the war in Afghanistan, the Iraq War. Throughout it all, Congress has abdicated its responsibility to decide and control our country’s engagement in war. Even the War Powers Resolution which Congress passed in 1973 to control presidential war powers was a modified enforcement of the stark law as written into the Constitution.

Legislatures are meant to determine the rules and laws of government. Presidents are meant to execute the rules and laws that are determined by the legislature. Courts are meant to decide, with judgment that is absolutely free of partisan bias, whether laws and executive procedures are constitutional. Citizens are meant to observe and reflect, to study and participate, to discuss and vote. Where is our government?

Jerry Klein

West Mt. Airy