In war, a physical force is to be created, and it is the executive will which is to direct it. In war, the public treasures are to be unlocked, and it is the executive hand which is to dispense them. In war, the honors and emoluments of office are to be multiplied; and it is the executive patronage under which they are to be enjoyed. It is in war, finally, that laurels are to be gathered; and it is the executive brow they are to encircle. The strongest passions and most dangerous weaknesses of the human breast; ambition, avarice, vanity, the honorable or venial love of fame, are all in conspiracy against the desire and duty of peace.
In no part of the Constitution is more wisdom to be found, than in the clause which confides the question of war and peace to the legislature, and not to the executive department. Beside the objection to such a mixture to heterogeneous powers, the trust and the temptation would be too great for any one man.
The last time Congress declared war was in 1941. Since then presidents of the United States, including the one I served, have gotten Congress, occasionally under demonstrably false pretenses, to suspend Constitutional provisions that required them to get the consent of the people’s representatives in order to conduct a war. They have been handed a blank check to send the armed forces into action at their personal discretion and on dubious Constitutional grounds.
the current President has made extra-Constitutional claims of authority by repeatedly acting as if he were Commander-in-Chief of the entire nation and not merely of the armed forces
Among precautions against ambition, it may not be amiss to take precaution against our own. I must fairly say, I dread our own power and our own ambition: I dread our being too much dreaded ... We may say that we shall not abuse this astonishing and hitherto unheard of power. But every other nation will think we shall abuse it. It is impossible but that, sooner or later, this state of things must produce a combination against us which may end in our ruin.
In all ways which matter, the resolution passed by Congress in October of 2002 was a legal declaration of war against Iraq and fully and legally authorized the invasion.
(1) reliance by the United States on further diplomatic or other peaceful means alone either (A) will not adequately protect the national security of the United States against the continuing threat posed by Iraq or (B) is not likely to lead to enforcement of all relevant United Nations Security Council resolutions regarding Iraq, and
(2) acting pursuant to this resolution is consistent with the United States and other countries continuing to take the necessary actions against international terrorists and terrorist organizations, including those nations, organizations or persons who planned, authorized, committed or aided the terrorists attacks that occurred on September 11, 2001.
"One can hardly avoid the impression that after a period of somewhat reluctant cooperation, there has been an acceleration of initiatives from the Iraqi side since the end of January." To complete inspections properly "even with a proactive Iraqi attitude" he said, "would not take years, nor weeks, but months"
I didn't say anything about the UN charter. No other country pays any attention to it; why should we?
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