Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1898-04-18
HOW WAR Is DECLARED

The question is being asked many
times a day, Chow war is declared;
who declares it; what is the process
and annourced?" The Constitution
is fairly explicit on this point, says the
New York sun, although in the his
tory of the United States we have
been at war before any formal decla-
ration was made. In that part of the
Constitution, section 6, which enumer-
ates the powers Of Congress, it is de-
clared that Congress may "provide
for the common defence and general
welfare of the United States," and
also that it "may declare war, grant
letters of marque and reprisal, and
make rules concerning captures on
land and water, ''and that it may raise
and support armies and that it may
"provide and maintain navy" and
that it may ''make rules for the gov
eminent of the land and naval forces 4
This does not mean, however, and
has never been understood to mean
that Congress can act without respect
to the Executive. In the exercise of
every one of these enumerated pow
ers it must communicate it's action to
the President for his approval or dis
approval. 1t cannot proceed on it's
own account to make war any
more than it can proceed on
its own account to clay and
collect taxes" or to coin money,
or to establish post offices, or to create
judicial tribunals. All these, includ-
ing the power to declare war, are
specified in the Constitutional grant of
authority, and they are all to be ex-
ercised in the same way. every
bill" says the Constitution, (which
shall have passed the Senate and the
House of Representative shall before
it become a law be presented to the
President of the United States; if he
approve he shall sign it, but if not he
shall return it with his objections. to
that house in which it shall have orig
mated, who shall enter the objections
at large in their journal and procee d
to reconsider it; if after such recon
sideration two thirds of that house
ahall agree to pass the bill it shall be
sent, with the objections, to the other
house, by which it should likewise be
reconsidered, and if approved by two
thirds of that house it shall become a
law' So that when it is said that the
power to declare war resides in Con-
gress, no more is meant than that the
same Congressional action must be
had to bring about the state of war
which is had to accomplish other acts
of government specified in the Con-
stitution as among the functions of
Congress.
ssUnder the Constitution the execu-
tive branch of this Government was
not the war making power" Presi-
dent Buchanan in one of his annual
messages declared that Congress pos
ses the sole and exclusive power un-
der the Constitution to declare war,
and he went on to say that Congress
"alone" could raise and support ar
mics and provide and maintain a navy.
But these expressions are not to be
laken literally. They are only an en-
phatic way of expressing the idea
that there is no power in the Presi
dent to involve the country in war
by employing the land and naval
forces at his command without the
previous authority Of Congress. And
even this definition of his functions
is subject to some qualifications.
The President is created by the
Constitution Com mander- in Chief Of
the armies and navy of the United
States, and he has general commits
sion ttto take care that the laws be
faithfully executed" And by statutes
passed in 1895 and again in 1907, he is
authorized to call out the militia and
to use the military and naval forces
of the United States in case of inva
sion by foreign nations and to sup
press Instructions. In other words,
while he has no authority to initiate a
war, he is amply authorized without
waiting for any legislative action to
resist force by force. And all wr tiers
on international law agree that a state
of war may exist without formal de-
claration on the part of either COM
Blatant. And it has been SO in our
own experience. Two battles had
been fought in the war with Mexico
before Congress made any declara-
ton Of hostilities, and then the legis-
tive enactment simply recog nized
estate of war existing by the act of
Mexico" In fact, the war with Great
Rritain in 1919 was the On1v war in