The No More Presidential Wars Act

On September 13, 2018, Rep. Tulsi Gabbard (D-HI) and Rep. Walter Jones (R-NC) introduced The No More Presidential Wars Act. Gabbard said that the bill’s intention was “to reclaim the responsibility Congress has [and] to be the body that declares war, to end these presidential wars that are being fought without the authorization of Congress."

Here is the exact language of the bill…

Expresses the sense of the House of Representatives that the President is required to: (1) seek congressional authorization prior to any engagement of the U.S. Armed Forces against Syria, Iran, or Russia; and (2) consult with Congress before introducing the U.S. Armed Forces into situations of hostilities.

Expresses the sense of the House that the use of the U.S. Armed Forces without congressional authorization is illegal and unconstitutional.

Why would such a measure be necessary when Article 1, Section 8, Clause 11 of the Constitution of the United States reads as follows: [The Congress shall have Power] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water…?

Seems fairly straightforward to me!

That constitutional process was closely followed – with a few notable exceptions – from George Washington through Franklin Roosevelt and covered the War of 1812, the Mexican-American War, the Spanish-American War, and both World Wars. The notable exceptions include the Quasi-War with France (1798); and the First and Second Barbary Wars (1802 and 1815); as well as numerous other instances in which American troops were used to combat pirates, rein in the slave trade, protect pioneers from Indian attacks while simultaneously seizing their native lands, and hunt down Mexican revolutionary Pancho Villa.

Unfortunately, these exceptions paved the way for even greater abuses including the Korean War, which was fought under the auspices of the United Nations; and the Vietnam War, which was retroactively authorized by the Gulf of Tonkin Resolution. The U.S. Armed Forces were also deployed in several other U.N. sanctioned military actions such as the Multinational Force in Lebanon in 1978, the Bosnian War in 1992-1993, the Second Liberian Civil War in 2003, the Haitian coup d’etat in 2004, and the First Libyan Civil War in 2011.

The Persian Gulf War (1990), the War on Terror (2001-?), and the Iraq War (2003) were all approved by congressional resolutions but were conducted without a formal declaration of war.

Yes, it is true that the Constitution doesn’t require a formal declaration of war for our brave servicemen and women to be sent into harm’s way. However, some sort of congressional approval is – and should be – mandatory regardless of the language used… and that’s where America’s last 13 Commanders-in-Chief have sometimes overstepped their bounds.

I am not talking about a one-time military strike to take out a terrorist leader or to rescue American citizens or hostages in a war zone. On the contrary, I am referring to prolonged military action without a clear and defined goal and a clear and defined exit strategy.

I think it is time for Congress to step up and reassert its control of this process by passing legislation similar to The No More Presidential Wars Act. In their respective farewell addresses, George Washington warned America about unnecessary “foreign entanglements” and “permanent alliances” while Dwight Eisenhower cautioned us about the inherent dangers of the “military-industrial complex.” We would be well served to listen to – and heed – their sage advice.