I wish there was a war...

Have you heard the one about how warfare creates executive aggrandizement outside the Consitution? It's a old saw; James Madison told it.

Here's my take. I wish we were in a war. Yeah, war leaders consolidate power, but classical warfare was too draining on lives and resources to be continual. The burden of war itself would force the Congress to try and rein in the executive or risk the dissolution of the country.

In a constant state of military action that doesn't drain us to that point, though, Congress doesn't have as compelling a reason to act. And that allows the consolidation to continue.

Yes, they've recently sent W back to the puppy house and Condi has her sad face one, but I'm talking a scope of decades here. This is not a partisan issue. The fact is, we need to find some sort of constitutional framework for these military actions. Otherwise, the executive will keep gaining power through  a cycle of buildup/deploy/buildup/deploy.

So, I have a vote about what to use.

Let's look at the actual definition of Congressional war powers given in Section 8:

To declare War, grant Letters of Marque and Reprisal [my emphasis], and make Rules concerning Captures on Land and Water

Both of these ideas--Letters of Marque and Reprisal--are generally considered archaic relics of the days of the privateers. A Letter of Marque was a certification given to a mercenary to conduct retaliation on the nation's behalf. Reprisal is, well, reprisal--it's conducting the act of retaliation itself. It's undertaking a military action short of war to ensure the safety of the nation and gain redress for some wrong committed. Archaic or not, that sounds pretty familiar.

So, we've got this era of violent non-state actors and limited engagements of foreign powers,
Letters and Marque and Reprisal may be archaic, but they also provide a Constitutional framework for circumscribing a state of continuous non-war military action. They enjoyed flexible (if early) use against the varied enemies of the United States—and they were initiated, granted and/or revoked by Congress. As Section 2 says, "The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States". This clause is clearly meant to express a clear limit to the role of Commander in Chief. These ancient tools against piracy and seizure give the Congress a way to make a limited call to action that leads to "actual Service" instead of being drowned in the seductive lure of the presidency's symbolic power.

I think I just hit some kind of wonk threshold. Sorry. Dismantling my Lasswell engine.

Here's an essay that digs into it.

Um, yeah, there are no one liners in it. I'll try and ruminate about the same stuff here over the new few week, but I'll make sure and make fun of something while I do it. James Madison's hair? The funny ways those wacky founding fathers spelled "Marque"? I'll get the kids in the hall on it.

Comments

[2012 Moncler Gilet]

It's great to hear from you and see what you've been up to. In your blog I feel your enthusiasm for life. thank you.

[Mana]

You write very well.