Whether the power to declare war in the United States should lie with the President or Congress is a question of constitutional interpretation and fundamental democratic principles. As articulated und ...

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Whether the power to declare war in the United States should lie with the President or Congress is a question of constitutional interpretation and fundamental democratic principles. As articulated under Article I, Section 8, the ability to declare war reflects the framers' intention that such a crucial choice would face collective examination and be symbolic of the popular will. Entrusting Congress with this authority upholds a system of checks and balances fundamental to democratic governance. I argue here that Congress should have exclusive powers to declare war, underlining how this kind of structure fits into democratic values and works to prevent executive overreach in service of protecting the interests of its citizens.
Resident at the heart of the framers' plan for the government of the American people was representative democracy. By placing the power to declare war in the hands of Congress, the framers consciously placed the declaration power in the legislative branch, where elected representatives of the people not only consider options but deliberate on issues with significant consequences for the nation's citizens. They did so with a conscious consideration of the powers in those European monarchies. For instance, in Britain, the king declared and prosecuted the war; his motives often so had nothing to do with widespread interest. Here, the framers established a system where decisions over such significant matters are made by Congress, whose membership is elected into office to reflect the diverse voices and opinions of the American public.
Giving Congress the authority to declare war also serves as one of the checks against executive power. While the President is considered the Commander in Chief, that title does not extend the power to unilaterally decide to take a country into any war without a declaration from Congress. The framers realized very well that for one person to hold, sole power regarding military actions was a recipe for disaster. James Madison thoughtfully said, particularly in his "Helvidius" essays, that the President, ambitious to acquire fame and to render himself a memorable actor in the world, might be tempted to involve the country in a war not necessarily in the nation's best interest. Madison stated, "Madison believed that