The Executive Power stomping on Congressional Decisions

            This article by Andrew Radalevige emphasizes the distinction between the powers of the Presidency as envisioned by the framers of the Constitution as compared to our current situation.  According to Radalevige, the current Executive Branch has become like a king and can choose to declare war.  Thomas Jefferson believed that “Congress alone is constitutionally invested with the power of changing our condition from peace to war” and Madison said “that the power to declare war including the power of judging of the causes of war is fully and exclusively vested in the legislature: that the executive has no right, in any case to decide the question, whether there is or is not cause for declaring war”. 

            Sanford Levinson also addresses the problems with the president’s power in his book, Our Undemocratic Constitution.  He states that the Declare War Clause of Article I is not a limiting factor to the president. Article II section 1, clause 8 states: “I do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States.”  Article II section 1, clause 8 gives the president power to disregard any particular part of the Constitution if fidelity to it might, according to the president, threaten the survival of the order itself”.

            The Legislature or House of Representatives is given the power to declare war according to our Constitution, but the Congress has allowed this power to be transferred to the Presidency.  Radalevige is suggesting that President Obama should not be in any position to decide if Congress should be involved in the decision to go to war with Syria or any other country. Congress has been given the authorization to decide and the letters to Obama asking for him to reconvene should not have been necessary.

http://themonkeycage.org/2013/09/01/presidential-power-and-congressional-cower/
Levinson, Sanford. "The Legacy of Article II." Our Undemocratic Constitution.