Simplicity of language is not a legal critique. What I quote is THE pertinent Constitutional language. The Constitution is a "higher" law than the War Powers Act, for a lay way of saying it. The language means that Congress has the EXCLUSIVE power to declare war. Articles II and III of the Constitution , which enumerate the powers of the Executive and Judiciary, contain no power to declare war. Therefore , Congress has the exclusive power to declare war.
Another logical step you must understand is that Congress does not have the power to delegate its power to declare war.
You are correct. The simple answer is that Congress has not declared war and that settles it, LEGALLY. The real politik of it is something else.
Charles Brown , esq.
>>> Jordan Hayes <jmhayes at j-o-r-d-a-n.com> 04/16/99 01:58PM >>>
From CharlesB at CNCL.ci.detroit.mi.us Fri Apr 16 10:40:43 1999
This action by the President is also a violation of the
Constitution. Article I , Section 8 _ Powers of Congress
provides in pertinent part
"The Congress shall have Power ... To declare War".
This is the most simplistic view of constitutionality I've seen in weeks.
War has not been declared!
The President took constitutionally valid actions in discussion with Congress, then reported to Congress as specified in the War Powers Act, and Congress consented to his actions!
Of all the things to talk about, this comes in after last place.
/jordan