We the People have the duty to restrain government operating outside Constitutional boundaries. Discover your American heritage and birthright Thursdays, 6:00pm-7:00pm, for basic Constitution studies @ Faith Armory, 27498 Enterprise Circle West, Temecula, CA.
For tonight's worksheet go to the Temecula Constitution Class website.
Just a peek into tonight's topics:
Article I, Section 8, Clause 11 gives Congress the power to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.
During the debates, according to Madison’s Notes on the Constitutional Convention, the delegates debated over whether or not to give the legislative branch the power to make war. After intense debate, it was decided to grant the Commander in Chief, the President of the United States, the authority to “wage” war, and Congress the power to declare war. A declaration of war is a formal declaration that warns those not involved to stay out of the conflict. If those entities become involved, they become open targets. The president, as per the debates, may wage war without prior approval by Congress, or without a declaration of war being issued.
The ability to wage war, however, is checked by the fact that the House of Representatives are able to refuse to fund any military conflict. This keeps the president from abusing his position as Commander in Chief by giving Congress a way to limit executive wartime authorities. If the President continues to act upon his war powers in a manner not approved of by Congress, and the President does so despite the lack of funding for the military operations, Congress also has the authority to impeach the President in order to stop the executive’s objectionable actions.
A Letter of Marque and Reprisal was a government license authorizing a private vessel to attack and capture enemy vessels, and bring them before admiralty courts for condemnation and sale. Cruising for prizes with a Letter of Marque was considered an honorable calling combining patriotism and profit, in contrast to unlicensed piracy which was universally reviled. These mercenaries was also known as “privateers.”
Congress was also given the power to make rules regarding captures on land and water. This is the clause used when the Bush administration, with the blessings of Congress, decided to hold prisoners captured during the war on terrorism at Guantanamo Bay, and to use military tribunals as the vessel of their trials.
-- Political Pistachio Conservative News and Commentary
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