Let’s say that tomorrow, Congress decides that its time to go to war against, say, those sneaky Canadians. A declaration of war passes both houses of Congress, but Obama vetoes it. Can he do this?
As a follow up, let’s say that Congress overrides his veto and passes the declaration anyways. Is Obama, as commander in chief, forced to use the armed forces of the US and begin bombing Canada? Could he immediately declare a ceasefire?
If not, how far must the war progress? Limited air strikes? Nuclear Bombing? Total annihilation and conquest? The death of every man, woman, and child in Canada and the earth salted?
“Congress shall have the power to declare war.” It’s like the power to impeach. The President can’t veto it.
However, as Commander in Chief, he can decline to actually fight the war. In which case, Congress can impeach him (along with the Vice President, the Secretary of Defense and any other member of the executive branch who went along with him).
Or, as President, he can immediately negotiate a peace treaty with Canada. In which case, the Senate can refuse to ratify the treaty.
I don’t think this is right, but I’m not sure. The power to declare war is an article 1, section 8 power with all of the others. To me, that would be like saying that the President can’t veto a spending bill because they have the power (in the same section) to “borrow money on the credit of the United States.”
ETA: And I know that they could simply impeach and convict the President since they have the numbers, but what would he as CiC have to do to comply with the spirit of the Constitution and survive the judgment of history?
I always thought the President had to ask Congress for a formal declaration of war.
Looking into it (just a little bit) that has always been what has happened but I do not see that it is a requirement.
Since the President is Commander in Chief it would seem to make sense to have him on board with the declaration or there’d probably be problems (like you probably do not want to be impeaching the Commander in Chief after you have stated your intent to start a war).
Yes, for God’s sake, of course the President can veto a declaration of war. Article I, Section 7: “Every order, resolution, or vote, to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Senate and the House of Representatives, according to the rules and limitations prescribed in the case of a bill.”
And no, the President need not ask Congress for a declaration. President Madison never formally asked Congress to declare the War of 1812, although he did send a message outlining grievances against the British on June 1 of that year.
Indeed, it would be hard to imagine a situation where Congress wanted a war and the President did not. Individual Congresscritters, maybe, but not the Congress as a whole. Both Houses.
We stop having to worry about losing health insurance if we quit our jobs?
A brutal regime of forced slave labor to add ten yards to all football fields in the country(with polite and heartfelt apologies afterwards for the forcing)?
A network of secret police and informers stamping out the forbidden $1 paper bills?
No, because once Congress passes the amendment it goes to the states for ratification, not the President. And once the 38th state ratifies it the amendment becomes law and requires no further action.
Except a constitutional amendment is a “resolution, or vote, to which the concurrence of the Senate and House of Representatives” is necessary. So why doesn’t it get presented to the President?
