Declaration of War
The United Constitution requires that the president seek for a declaration of war before committing the country into a war with outside forces (Friedman, 2011). However, according to Friedman (2011) the last time a president sought for a declaration of war was during the Second Word War. Subsequent wars have seen responsible president go top war based on the resolution of war power provision. One such war was the Vietnam War waged by Lyndon B. Johnson. Failing to get a declaration of war from congress and acting solely on a congressional resolution when going into the Vietnam War makes the presidents action a violation of the constitution.
The constitution provision that require president to seek a declaration of war from congress was aimed at preventing the president from acting at will to take the country into wars or going to war without enough reasons. It has been argued that presidents such as Johnson, who have resorted to using congressional resolution, usually share the belief that the war is not serious enough to get support that would warrant a declaration of war (Symes, 2011). However using these congressional resolutions to take the country to war just as Johnson did, is still unconstitutional for various reasons.
First, the constitution is the supreme law that governs the action of all public official including the presidents and congress (Hoernburger, 2002). Being the supreme law of the country all public officials are bound to act within the limits of what is provided by the constitution. By Johnson deciding to go to wars, he violated a fundamental part of the constitution. Members of the congress are also supposed to act according to what has been stipulated in the constitution. This means requiring the president to seek for a declaration of war and not granting resolution which have easily been exploited by the presidents. Congressional resolutions are very different from declaration of war and the congress too does not have the power to allow such violation of the constitution.
President Lyndon B. Johnson may try to justify his action by stating that acted based on the resolution provided by the constitution. However, it is very clear that what is stated in the constitution takes precedence over any other written law (Linn, 2000). The constitution clear states that the president can only wage war if the congress has issued a declaration of war. The constitution is also clear that federal or state government cannot overlook what has been written in the constitution (Hoernburger, 2002). If President Johnson felt that the constitutional provision requiring a declaration of war from the congress was traditional, he would have sought for a constructional amendment.
Another issue that has been made so clear in the constitution is the separation of power in the government (Grimmett, 2004). The US government is made up of three arms of government; the legislature, the executive and the judicially. A separation of power must exist between these three branches. By President Johnson going to war without the congress issuing a declaration of war order, he did not respect the separation of power that has been provided for by the constitution. The law is very clear the legislature declare war while the president wages war. Johnson action to go to war did not only violet the provision that require a declaration of war but the provision that calls for separation of power between arms of government. The latter provision is what the United States democracy has always prided itself in.
According to American laws, the powers of governments are not general but are limited to those provided by the constitution (Linn, 2000). When presidents or congress allow for action that have not been permitted by the constitution, they are acting outside their capacity as constitutional office holders. This also applies to Johnson. Waging war based on congressional resolution has not been stipulated by the constitution and therefore, Johnson overstepped the capacity of the powers granted by his position as president. The president might have very justified reasons to wage war against a nation but without the declaration of war that president is running an illegal war.
Even when the president sees reason for entering into war but congress does not, it to do as the constitution dictates as he does not act for himself but is supposed to implement the will of the people. The resolution of war provision was created in recognition of the slowness of congress in passing a declaration which may hinder the president from taking war immediate course of action to an imminent danger (Antle, 2011). However, the resolution of power provision also requires that the presidents withdraws his troop from the war zone six months after occupation if the congress will not have provided the declaration of war order. Johnson did not adhere to this law as he did not pull out the American troops even after the congress failed to issue a declaration of war. This made the war illegal.
In conclusion, the constitution clearly stipulates that a president has to seek a declaration of war from congress before he can wage war against another nation. The laws of the country are also very clear that the constitution is the supreme law and overrides any other written law or provisions and dictates that conduct of every public official. Therefore by a president going to war on a congressional declaration rather than seeking the declaration of war, he or she is violating the constitution.
Reference
Antle J. (2011). Walter Dellinger Defends the Constitutionality of Obama’s Libya Intervention. Retrieved from http://spectator.org/blog/2011/03/22/walter-dellinger-defends-the-c
Friedman G. (2011). What Happened to the American Declaration of war? Stratfor. Retrieved from http://www.stratfor.com/weekly/20110328-what-happened-american-declaration-war
Grimmett R. (2004). The Power Resolution: After Thirty Years. Retrieved from http://www.fas.org/man/crs/RL32267.html
Hornberger J. (2002). Declaring and Waging War: The US Constitution. Retrieved from http://www.fff.org/comment/com0204a.asp
Linn A. (2000). International Security and the War Power Resolution. William and Mary Bill of Rights of Journal. 8 (3) article 9
Symes F. (2011). Congress Q&A: Declaration of War. Retrieved from http://origin-www.congress.org/news/2011/03/25/congress_qa_declaration_of_war
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