Congressional war power endangered. (Insider Report).

On September 19, 2002, President Bush requested Congress to support his efforts to enforce United Nations Security Council resolutions regarding Iraq. On October 3rd, when the request came before the House International Relations Committee chaired by Illinois Republican Henry Hyde, Congressman Ron Paul (R-Texas) sought to amend it by adding a declaration of war. Dr. Paul explained that he intended to vote against his own amendment but wanted congressmen who supported going to war against Iraq to satisfy the Constitution's "declaration of war" requirement. "I attempted to force the committee to follow the Constitution and vote to declare war with Iraq," he said.

As part of his response to the Texan's proposal, Chairman Hyde stated: "There are things in the Constitution that have been overtaken by events, by time. Declaration of war is one.... These things are no longer relevant to a modem society." He termed the call for a return to the clear meaning of the Constitution "inappropriate, anachronistic." Committee Minority Leader Tom Lantos (D-Calif.) agreed with Hyde and said, "I detect of touch of frivolity and mischief" in Paul's amendment. Congressman Ed Royce (R-Calif.) also agreed and announced his support for the president's request because, by itself, he maintained, "It permits the President to wage war."

Congressman Paul's amendment went down to defeat at the committee level by a vote of 45 to 0. On October 10th, the full House acceded to Mr. Bush's wishes with a 296 to 133 vote, and the Senate followed through the next day with a 77 to 23 approval. Congress had thereby authorized the president to go to war, if he decided it was necessary to enforce UN resolutions.

All members of Congress have swom a solemn oath to support the Constitution. Their willingness to discard any portion of the document threatens all of it. Article I, Section 8 clearly states: "The Congress shall have power ... to declare war...." Those who claim that the Constitution's designation of the president as "commander in chief" gives him the same power are wrong (see "Worth Repeating" on page 29).

What Mr. Hyde and others will not admit is that, ever since our nation entered the United Nations, we have compromised the Constitution regarding war powers and much more. Any worthy member of Congress whose word and solemn oath can be relied upon would correct this travesty by working to get the United States out of the United Nations.