In every war that the U.S. has fought in, from the Korean conflict to today, these wars were never declared by the institution called Congress. They were declared, instead, by the presidency, both in Democratic and Republican hands. Under Article I, Section 8 of the Constitution, the power to declare war is the sole responsibility of Congress and no other. Yet, as with most issues, Congress has been diverting more and more power to the executive branch. Even the War Powers Act of 1973 allows for the President to commit troops to battle provided that Congress is notified 60 to 90 days of deployment. This act is nothing more than a poor and faulty attempt at compromise. The question of whether it is the president or Congress that has the power to declare war has never been decided by the Federal Courts, let alone the U.S. Supreme Court.

If I had the standing, I would challenge the authority of the executive not only to wage war, but to also  commit troops overseas. I would file the papers in court if I were allowed to do so. I am surprised that a member of Congress, who would have more of a standing than I, has never filed with the courts on such an important issue such as war, peace, life and death. It is high time that the question be answered once and for all. Can one person decide to send young men and women to face gun fire? Or is that the duty of 535 persons? Can the executive commit troops to battle? Or is that the right of the legislative? These and other questions must be resolved and must be answered for the sake of the future and the sake of the American people.