These are truly troubling days for liberty in the United States.
Last week the 60 day deadline for the president to gain congressional approval for our military engagement in Libya under the War Powers Resolution came and went. The media scarcely noticed. The bombings continued. We had a hearing on Capitol Hill on the subject, but the administration refuses to bother with the legality of its new war. It is unclear if Mr. Obama will ever obtain congressional consent, and astonishingly it is being argued that he doesn't need it.
Article 1 Section 8 of the Constitution begs to differ. It clearly states that the power to declare war rests within the legislative branch – the branch closest to the people. The founders were a war-weary people, and the requirement that it would take an act of Congress to go to war was intentional. They believed war was not to be entered into lightly, so they resisted granting such decision making authority to one person. They objected to absolute warmaking power granted to Kings. It would be incredibly naïve to think a dictator could not or would not wrest power in this country.