By Mario M. Cuomo, Los Angeles Times
Most Americans want the war in Iraq ended, but it continues and Americans are killed, mutilated or wounded every day, as the Democratic majorities in Congress struggle to produce legislation that will take our forces out of harm’s way. Meanwhile, President Bush continues to insist that as commander in chief, he has the constitutional power to go to war and decide when to end it, unilaterally. At the same time, another possible disaster emerges from the shadows: Bush appears to be considering a military assault on Iran, again apparently without Congress declaring war first.
How did we get to this point and what, if anything, can we do now?
The war happened because when Bush first indicated his intention to go to war against Iraq, Congress refused to insist on enforcement of Article I, Section 8 of the Constitution. For more than 200 years, this article has spelled out that Congress – not the president – shall have “the power to declare war.” Because the Constitution cannot be amended by persistent evasion, this constitutional mandate was not erased by the actions of timid Congresses since World War II that allowed eager presidents to start wars in Vietnam and elsewhere without a “declaration” by Congress.