John Nichols: A Constitution to "Chain the Dogs of War"

[marmar]

from The Nation:


BLOG | Posted 09/17/2007 @ 08:35am
A Constitution to "Chain the Dogs of War"


Two-hundred and twenty years ago this week, the patriots who had stuck through the long process of drafting a Constitution for the new United States finally approved the document. The primary purpose of their creation was, in the language of their time, to "chain the dogs of war."

The American colonies has suffered the cruel fates of wars plotted and pursued by the royal families of distant Europe, and they set about to assure that the nation they had freed from the grip of British imperialism would not, itself, be subjected to the imperial whims of presidents who might someday imagine themselves to be kings.

"The executive should be able to repel and not to commence war," explained Roger Sherman, a delegate to the Constitutional Convention from Connecticut, who moved to make clear the intent of the founders that nothing in their exposition of the powers of the executive branch should be conceived as authorizing the president to "make war." An executive could assume the mantle of commander-in-chief only when it was necessary to defend the country; never to wage kingly wars of whim.

Sherman's resolution was approved overwhelmingly by the Philadelphia convention that finished its work September 17, 1787.

George Mason, the Virginia delegate who was the strongest advocate for restraint on the executive, summed up the sentiments of the delegates when he said: "I am for clogging rather than facilitating war."

So was the Constitution defined. Indeed, in arguing for its ratification, Pennsylvania delegate James Wilson explained, "This system will not hurry us into war; it is calculated to guard against it. It will not be in the power of a single man, or a single body of men, to involve us in such distress; for the important part in declaring war is vested in the legislature at large."

The procedures are clearly outlined. Wars must be declared by the houses of Congress. And the power to continue any war is rested entirely in the funding authority that is given Congress. The president does not enjoy the privilege of declaring or maintaining a war. He is merely a manager of military affairs in a time of conflict; and even in that he is required to defer on matters of consequence to the Congress.

This, we know, to be the law of the land. .....(more)

The complete piece is at: http://www.thenation.com/blogs/thebeat?bid=1&pid=233335