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Congress, Not the President, Has the Authority to Declare War

Floor Speech

Date: April 10, 2018
Location: Washington, DC
Issues: Defense

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Mr. McCLINTOCK. Mr. Speaker, James Madison, the father of the American Constitution, said that its most important provision was given to the Congress, and not the President, the authority to declare war.

This is central to the separation of powers. Congress can declare war, but cannot wage it; the President can wage war, but cannot declare it.

This bright line has been badly blurred over the years, but that doesn't change its clarity and importance. The Constitutional Convention was clear that the President's inherent authority as Commander in Chief was solely to repulse an attack against this country until the Congress could convene.

The Syrian crisis presents no such exception.

If it can be proven that the recent use of gas against the civilian population was initiated by the Assad regime, well, then supplying arms and material to the Syrian opposition, economic sanctions, and other nonmilitary responses are appropriate, but any military action against Syria first requires a congressional declaration, period.

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