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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, to-day, 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." The 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.
It is not a pleasure for any President of the United States, as I am sure it was not a pleasure for my predecessors, to come before the Congress and ask for new appropriations which place burdens on our people. I came to this conclusion with some reluctance. But in my judgment, this is a most serious time in the life of our country and in the life of freedom around the globe, and it is the obligation, I believe, of the President of the United States to at least make his recommendations to the Members of the Congress, so that they can reach their own conclusions with that judgment before them. You must decide yourselves, as I have decided, and I am confident that whether you finally decide in the way that I have decided or not, that your judgment--as my judgment--is reached on what is in the best interests of our country.
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The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation. In instances of self-defense, the President would be within his constitutional authority to act before advising Congress or seeking its consent. History has shown us time and again, however, that military action is most successful when it is authorized and supported by the Legislative branch. It is always preferable to have the informed consent of Congress prior to any military action. As for the specific question about bombing suspected nuclear sites, I recently introduced S.J.Res.23, which states in part that “any offensive military action taken by the United States against Iran must be explicitly authorized by Congress.”
The exclusive right to declare war, the duty to advise and consent on the part of the Senate, the power of the purse on the part of the House are ample authority for the legislative branch and should be jealously guarded. But because we may have been too careless of these powers in the past does not justify congressional intrusion into, or obstruction of, the proper exercise of Presidential responsibilities now or in the future. There can be only one Commander in Chief. In these times crises cannot be managed and wars cannot be waged by committee, nor can peace be pursued solely by parliamentary debate. To the ears of the world, the President speaks for the Nation. While he is, of course, ultimately accountable to the Congress, the courts, and the people, he and his emissaries must not be handicapped in advance in their relations with foreign governments as has sometimes happened in the past.
Practically all the civil and military authorities of the government, except the Congress and the courts, hold their office at [the President's] discretion. He appoints, and he can remove. The billions of dollars of government revenue are collected and expended under his direction. The Congress makes the laws, but it is the President who causes them to be executed. A power so vast in its implications has never been conferred upon any ruling sovereign. Yet the President exercises his authority in accordance with the Constitution and the law. He is truly the agent of the people, performing such functions as they have entrusted to him.
Now, on other hand, as President, I cannot just impose my will on Congress -- the Congress of the United States -- even though sometimes I wish I could. The legislative branch has its own powers and its own prerogatives, and so they check my power and balance my power. I appoint some of our judges, but I cannot tell them how to rule, because every person in America -- from a child living in poverty to me, the President of the United States -- is equal under the law. And a judge can make a determination as to whether or not I am upholding the law or breaking the law. And I am fully accountable to that law.
On many historic occasions the President has requested from Congress the authority to move against forces which were endangering the well-being of our country. This is such an occasion. On similar occasions in the past we have often been called upon to wage war against foreign enemies which threatened our freedom. Today we are asked to declare war on a domestic enemy which threatens the strength of our nation and the welfare of our people. If we now move forward against this enemy--if we can bring to the challenges of peace the same determination and strength which has brought us victory in war--then this day and this Congress will have won a secure and honorable place in the history of the nation, and the enduring gratitude of generations of Americans yet to come.
We cannot simply speak out against an escalation of troops in Iraq, we must act to prevent it... There can be no doubt that the Constitution gives Congress the authority to decide whether to fund military action, and Congress can demand a justification from the president for such action before it appropriates the funds to carry it out.
But he did want to see to it that loyal slave owners were not expropriated by his emancipation policy. But he couldn't get the Congress to adopt it. He couldn't get any Representatives, and people from Kentucky, or Missouri, or the border states to vote for it, and so he failed. This is the message to Congress which ended with those wonderful words, “Gentlemen of the Congress, we cannot escape history. The fiery trial through which we pass will light us down in honor or dishonor to the latest generation. We shall nobly save or meanly lose the last, best hope of Earth.” Well, it failed.
The report made a science fiction-like case that the president was within his constitutional rights to reinterpret congressional legislation to conform more closely to his own desires, or to simply refuse to carry out laws with which he did not agree, or that, the report harrumphed, “unconstitutionally encroach on the executive branch.” In sum, anything the president doesn’t want to do he doesn’t have to do; anything he wants to do, consider it done.
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We spend over a trillion dollars, and pass countless laws, and devote entire agencies to preventing terrorist attacks on our soil, and rightfully so. And yet, we have a Congress that explicitly blocks us from even collecting data on how we could potentially reduce gun deaths. How can that be?
This is a political choice that we make to allow this to happen every few months in America. We collectively are answerable to those families who lose their loved ones because of our inaction.
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