Does the lack of a Congressional Declaration of War, as required by the Constitution, politicize war?

SFC Private RallyPoint Member — Tue, 01 Dec 2015 16:54:39 -0500

The US Congress last declared war officially on 08Dec42, yet we have been in numerous wars since, present 'conflicts' included. I'm curious to your thoughts on this pertaining to the fact that we also have yet to completely 'win' a war since WWII. Do you brlieve, as I do; that the lack of a formal declaration of war that it becomes more of a political football than a true war with a defined purpose and clear goals to reach?

Response by COL Jason Smallfield, PMP, CFM, CM made Dec 1 at 2015 5:30 PM

COL Jason Smallfield, PMP, CFM, CM — Tue, 01 Dec 2015 17:30:57 -0500

A few thoughts:
- The Constitution lays out that only Congress can declare war but that POTUS is the commander in chief (separation of powers).
- Follow on laws have not sought to undue this requirement/responsibility (theoretically) but rather to give the President flexibility to use military force for a limited period of time and give Congress time to fulfill their Constitutional responsibility.
- The failure of Congress to declare war since 8 DEC 41 (not 42) has had several negative consequences in my opinion. The reason for Congress (and not POTUS) to declare war to me primarily is to ensure the national will necessary for a democracy to sustain the fight. A primary negative consequence of Congress not declaring war is an inhibited ability to sustain the national will for a fight. Other consequences include: lack of defined end state, lack of popular support, and ability of political leaders to not do their job and cast a vote (or to deny what their vote meant years later).

Response by PO1 William "Chip" Nagel made Dec 1 at 2015 7:17 PM

PO1 William "Chip" Nagel — Tue, 01 Dec 2015 19:17:44 -0500

Even the "Declaration" of War would be a Political Football. Everything is Politics always has been and always will be. Most of the Politics get forgotten about with the Several Re-Writes of History that will happen after every War or Conflict but I like your Idea of the All In Approach that a Formal Declaration would bring SSG(P) John Badger.

Response by 1SG Private RallyPoint Member made Dec 1 at 2015 9:38 PM

1SG Private RallyPoint Member — Tue, 01 Dec 2015 21:38:15 -0500

Presidents since 1941 - not 42 - have not felt a need to request war declarations because Congress has ceded that authority to the Executive Branch. It allows them to throw more "limited" adventures, with only the strings of funding limiting executive authority.
I think it is a mistake to have foregone war declarations. It has gotten us in a lot of messes and made warfighting a limited and inconclusive exercise that we engage in far too casually.

Response by SGM Private RallyPoint Member made Dec 2 at 2015 2:09 AM

SGM Private RallyPoint Member — Wed, 02 Dec 2015 02:09:37 -0500

War is always political, but the American people as a whole don't have the appetite for war, or rather, what it takes to fight and win wars. I'm under the "Give War a Chance" banner.

Response by SGT David T. made Dec 2 at 2015 2:07 PM

SGT David T. — Wed, 02 Dec 2015 14:07:47 -0500

Clausewitz said something to the effect: War is the continuation of politics (policy) through other means. War is ALWAYS political fought for political reasons. At its most basic level it is one group of people attempting to get another group of people to do or stop doing something. A declaration of war opens the door to some infringements upon rights which is why I think we haven't seen a declaration since 1941.