When Will We See War Declared the Right Way?

"The Congress shall have Power... To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;"
- Section 8 of the U.S. Constitution

"Then it’s war!
Freedonia’s going to war!
Each native son will grab a gun.
And run away to war!"
- From "The Country's Goin' to War" by Bert Kalmar and Harry Ruby;

Pundits have criticized the U.S. bombing of Libya for its ill timing, its lack of planning, and for the fuzzy end goals. As serious as these issues are, there is an even bigger problem with this military action: is it constitutional? According to section 8 of the constitution, the power to declare war resides with congress. The decision to set up a no-fly zone was made without a vote in the house or the senate, or even consulting with most Senators and Representatives for that matter.

Does the President have the constitutional power to do this? Voices as disparate as Rep. Dennis Kucinich (D-OH) and Rep. Ron Paul (R-TX) agree that this action is clearly a violation of Obama's oath to uphold the constitution. In fact, some feel that this is an impeachable offense. One former Senator and presidential candidate said in 2007, that if then President George Bush unilaterally took military action against Iran, he would move to impeach him. That candidate was Sen. Joe Biden, our current Vice President.

In December 2007, the Boston Globe asked the Presidential candidates

"In what circumstances, if any, would the president have constitutional authority to bomb Iran without seeking a use-of-force authorization from Congress? (Specifically, what about the strategic bombing of suspected nuclear sites -- a situation that does not involve stopping an IMMINENT threat?)"

Candidate Barack Obama's response started with

"The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation."

Absolutely correct, candidate Obama! Now can you please impart this constitutional expertise to President Obama?

To be fair, section 8 of the constitution has been ignored for many administrations. The last American war officially declared by congress was before the Korean war! The U.S. has not fought a war as proscribe by the constitution in my lifetime, and I fear that I might not live to see a constitutionally declared war. But previous presidents have at least had some sort of congressional vote to approve wars that did not involve a threat to the nation. Obama has crossed a new threshold with the Libyan no-fly zone.

Instead of waiting for congressional approval, our President acted on the approval of two other bodies: the United Nation and the Arab League. This is troubling for reasons other than the fact that these bodies have zero congressional authority: neither of these bodies are elected by U.S. citizens. War can impact U.S. foreign relations for generations. The cost of American wars is born by U.S. taxpayers. Our wars also kill many of the our best young people. Given the burden on U.S. citizens, shouldn't war decisions be made by a body elected by these citizens?

The wars in Afghanistan and Iraq are being fought, in part, to bring democracy to those countries. But who's fighting to bring democracy to America?