The War Powers Resolution is Unconstitutional
An Originalist Case Against the War Powers Resolution In the sweltering Philadelphia summer of 1787, the Framers of the Constitution grappled with a question that had plagued republics and monarchies alike: who should wield the power to wage war? Drawing on the lessons of European monarchs who dragged nations into ruinous conflicts, they sought to craft a system that balanced deliberate democratic consent with the need for swift action in times of crisis. The result, enshrined in Article I, Section 8, gave Congress the power to “declare War,” while Article II, Section 2 designated the President as “Commander in Chief” of…