“There are things in the Constitution
that have been overtaken by events, by time,” insisted the late Rep.
Henry Hyde in 2002, as the regime of Bush the Lesser prepared to invade
and occupy Iraq. “Declaration of war is one of them. There are things
no longer relevant to modern society. Why declare war if you don’t have
to? We are saying to the president, `Use your judgment.'” Having
Congress declare war, Hyde concluded, would be “inappropriate,
anachronistic – it isn’t done anymore."
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