The last foreign power the United States declared war on was Rumania in 1942, as the nation's involvement in World War II deepened.
I should probably clarify.
The last time Congress exercised it's sole constitutional authority to issue a declaration of war was 1942, only the 11th such time it has done so in its history.
That this authority rests with Congress, and only Congress, is codified in the Constitution and remains unamended.
Section. 8.
The Congress shall have Power…
To declare War...
This, like nearly all of the most important and grave powers ceded to the newly formed federal government, was by design the belief being that Congress was the closest to the citizens who elected them, and so would most closely reflect the will of the people, where ultimate power rests.
I know what you're thinking.
"Wait, I distinctly recall there being wars since 1942, why, there was the Korean war, the Viet Na—"
Silly citizen, those were wars, sure, but they weren't war wars, if you know what I mean.
You see, the problem with waiting around for Congress to declare war is it makes getting into pointless conflicts that benefit the few at the expense of the many really hard.
You might point out that that was also by design, the better to align the interests of the powerful with the interests of the citizenry, but I'm going to need you to stop thinking that right now because war!
WAR!
So, how have we gotten around the requirement that Congress has the sole authority to authorize war these last 80 years?
Clearly you are not familiar with the legal principle of "ignorare," roughly translated to, "ignore it."
You lawyers out there might not recall covering this particular concept in law school, but it has clearly become a cornerstone of constitutional jurisprudence for decades now.
Once Congress realized they could just ignore the Constitution, they started turning over the power to wage war to the Executive branch, and specifically, the president.
"But, wait," you say, "nowhere in the Constitution does the Executive branch have that power."
Ignorare!
"Right, but still…"
Ignorare!
"It doesn't matter, that authority clearly…"
"Yes, I heard you, but... wait what was that last part?"
Ignorare!
The latest example comes from Adam Kinzinger, who managed to take time away from weeping publicly to propose granting the president the authority to get us into a war with Russia.
Earlier this week, Rep. Adam Kinzinger (R–Ill.) proposed a new military authorization that would allow the president to introduce U.S. forces to the conflict in Ukraine if Russia uses certain weapons in its ongoing invasion. If adopted, it would be the latest installment in a decades-long trend of Congress abdicating its constitutional role in the war-making process.
This way, Congress can say, hey, we didn't declare war, the president did!
It's a form of political laundering, which like money laundering makes it more difficult to determine the original source of the crime.
In an interview with Margaret Brennan on Face The Nation, Kinzinger explained his reasoning behind abdicating his responsibility as a member of Congress to declare war by first pointing out how unfortunate it is that there are Republicans running to represent the people of the United States and they inexplicably insist on representing the people of the United States.
I mean, look, if you - if you're J.D. Vance two years ago, you know, you're a totally different J.D. Vance than you are today. This is a guy that said that he frankly doesn't care what happens in Ukraine. It's very similar to what people like Tucker Carlson have said. Look, I mean, that can't for me as a Republican, that doesn't represent what I believe, and the party has to make the decision if they want to be that kind of party or not.
What about Republicans who think that maybe they should speak for the citizens who elected them?
According to Kinzinger, they just might be traitors.
I mean, look, there's - we do have outliers of people that seem to show some Putin sympathy. But for the most part, Congress is vastly and largely united on the issue of Ukraine.
They are united on the issue of people who did not elect them.
We recognize Ukraine is fighting for all of us.
Interesting take.
That $33 billion [proposed funding for the Ukraine] is significantly less than what we would have to spend if we took Russia on directly.
Oh? I'm sorry, at what point did we decide we had "take on Russia"?
That's right, we didn't!
Ignorare!
MARGARET BRENNAN: Senator Kane was with us and he said it is too soon to begin talking about potential use of force in Ukraine. Do you think he's right?
REP. KINZINGER: No, I don't.
It's never too soon to talk about war!
The war in Ukraine was unprovoked. Russia chose to attack the Ukrainian people & are threatening WMD.
Yes, it was unprovoked.
Russia did attack the Ukrainian people.
All true.
America is fortunate to have defenders like you!
Well, Ukraine is certainly lucky to have defenders like Kinzinger, except the Ukrainian people never elected him, but okay, let's roll with that.
We must stand up for humanity and we must stand with our allies.
Ukraine isn't an ally.
Ignorare!
We're grateful for his insight, his service to #Ukraine, and the valuable time he spent with us today.
I think it's time that Kinzinger take a closer look at his business card.
See that part where it says you represent the citizens of the United States? Yeah, that part. You might want to ponder that for a moment, let it sink in.
Here's the relevant part in the Constitution:
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution.
What better way to affirm that allegiance than to fawn all over the leaders of a foreign nation!
One little problem. No biggie, but it seems to warrant some consideration.
Ignorare!
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