[Congressional Record Volume 164, Number 57 (Tuesday, April 10, 2018)]
[House]
[Page H3085]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     CONGRESS, NOT THE PRESIDENT, HAS THE AUTHORITY TO DECLARE WAR

  (Mr. McCLINTOCK asked and was given permission to address the House 
for 1 minute.)
  Mr. McCLINTOCK. Mr. Speaker, James Madison, the father of the 
American Constitution, said that its most important provision was given 
to the Congress, and not the President, the authority to declare war.
  This is central to the separation of powers. Congress can declare 
war, but cannot wage it; the President can wage war, but cannot declare 
it.
  This bright line has been badly blurred over the years, but that 
doesn't change its clarity and importance. The Constitutional 
Convention was clear that the President's inherent authority as 
Commander in Chief was solely to repulse an attack against this country 
until the Congress could convene.
  The Syrian crisis presents no such exception.
  If it can be proven that the recent use of gas against the civilian 
population was initiated by the Assad regime, well, then supplying arms 
and material to the Syrian opposition, economic sanctions, and other 
nonmilitary responses are appropriate, but any military action against 
Syria first requires a congressional declaration, period.

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