In this Section, the bulleted items come from Section 8 of the original Constitution had and have been reworded. The terms “air” and “space” have been added to update using just the term “high seas”.
The significant change is in the last paragraph. As in the original Constitution, Congress has the exclusive power to declare war. However, we have seen President’s game the system by engaging our military forces without declaring war, and we have seen Congress be stampeded into declaring war by a President and the government bureaucracy. In some cases there has been suspicion during election years that prodding nationalism through military action has increased the chances of an incumbent to get re-elected.
Under the New Constitution:
1. “Military Forces” (as defined) cannot be engaged outside the United States without Congressional approval. This helps prevent undeclared wars and clandestine operations.
2. Congress can only declare war or the use of Military Forces outside the United States when a National Emergency has been declared by a vote of The People.
With this change, The People decide if they think the situation is important enough to them to engage Military Forces. Maybe this will make the decisions less political.
Many will question the ability of our nation to act fast enough in case of sneak attack. With our current electronic capabilities, we should be able to act as fast or faster than Congress has in the past. One thing that I can see does need to be added is a backup plan to declaring a National Emergency in the case a national vote cannot be taken, ie the internet is down because of cyber attack.
Next: 1.17 United States Capital
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