The Constitution says that only the Congress has the power to declare war, and the last time they did so was 1941. (Update: David Henderson informed me that 1942 was the last declaration of war by the US.) But that wasn’t the last war time the US fought a war. Interestingly, at just about the time Congress stopped declaring war, the “Department of War” was relabeled as the “Department of Defense”.
Congress is supposed to approve treaties with foreign nations. But Congress never approved the nuclear deal with Iran.
Congress increasingly gives unelected regulators the power to legislate.
In 1930, President Hoover told the press it was Congress’s responsibility to determine what would be included in Smoot-Hawley. After WWII, presidents began negotiating trade deals, but always under the understanding that final approval from Congress was required. Now the Trump administration indicates that they will not even ask Congress to approve the new China trade deal.
The Democratic House and the Republican Senate recently voted to remove the US from involvement in the Yemen War, which is a humanitarian catastrophe comparable to the Iraq War. But the administration plans to ignore the will of Congress.
Congress refused to appropriate funds for a new border wall, but the Trump administration plans to ignore this vote and build the wall anyway.
These trends have been proceeding for decades, under both political parties. In recent years, the movement toward a more authoritarian form of government seems to be accelerating.
My conservative friends tell me that recent Supreme Court picks will uphold the original intent of the Constitution. I hope they are right, but I doubt it. I suspect they’ll uphold “conservative” forms of authoritarianism and reject liberal forms, and vice versa for liberal justices. Only voters can stop the slide toward authoritarianism, and voters actually seem to like what is happening.
PS. Which of the following four topics attracts the greatest amount of protest from millennials:
1. A 1984-style surveillance state being imposed on America.
2. Nearly 400,000 people unjustly imprisoned in the War on Drugs (mostly minorities.)
3. The horrific slaughter in Yemen, which we are contributing to.
4. The choice of Halloween costumes at Yale University.
PPS. Yes, lots of horrible things are also occurring in China, but Americans really do need to look in the mirror.
READER COMMENTS
Philo
Apr 17 2019 at 3:31pm
”Americans really do need to look in the mirror.” You seem to have fallen into a collectivist mode of thinking. I am an American, and when I look in the mirror, I don’t see America: I see just myself.
Garrett
Apr 17 2019 at 7:52pm
Your anecdote isn’t enough to invalidate his generalized point.
JK Brown
Apr 17 2019 at 4:31pm
I find the below from Pierre Lemieux’s post on Anthony De Jasay’s ‘The State’ to be more realistic. The advance of state power can only be stopped by the right to bear arms and the right to political assembly working together. Both rights are under threat and erosion, more so recently. While the populace have firearms, the attacks on disfavored political views must be muted and cloaked in the illusion of legal recourse against the perpetrators. Perhaps voters can stop the imposition of gun control. If not, then they cannot stop the slide to authoritarianism.
Jackson Mejia
Apr 17 2019 at 5:17pm
I am technically a millennial and I think the answer to your (perhaps rhetorical) question is “none of the above.” Yes, there is a very vocal, albeit tiny, minority who will lose their minds over the wrong Halloween costume. Many in this same group also care about the War on Drugs. You can likewise find a small minority who really care about the other issues. But for the most part, it is a matter of indifference. Nobody cares about the genocide in Yemen. Nobody really cares about mass incarceration. Nobody really cares about the surveillance state (in fact, some probably welcome it). Hardly anyone but the mentally ill care about Halloween costumes. When they get brought up in class or when it is time for the ritual acknowledgment of problems, people will bob their heads up and down in agreement that these things are terrible and then return to staring at a cell phone. Their agreement is as meaningful as a the agreement engendered by a finger flicking a bobblehead.
Is this indifference good or bad? Sometimes it’s good, other times it is bad. Mostly, though, I think it is good. People generally hold irrational views on big issues when pressed to reveal them, and it is for the best that they focus on whatever they are best at, whether that’s networking, computer programming, or whatever. Universal participation in a political system may sound nice in practice, but ultimately leads to hell in practice.
E. Harding
Apr 17 2019 at 6:26pm
“But Congress never approved the nuclear deal with Iran.”
True. It also lost the war in Vietnam after at first approving it almost unanimously, and now demands U.S. troops stay in Syria and Afghanistan forever after there is no longer any point in the U.S. remaining there. Given this, I think the case for expanded executive powers over foreign policy matters might actually be stronger than the case for expanded congressional powers over foreign policy matters (the wisdom of which has only been demonstrated twice, in Libya and Yugoslavia).
“Congress refused to appropriate funds for a new border wall, but the Trump administration plans to ignore this vote and build the wall anyway.”
The National Emergencies Act has been overused long before this, Sumner, without much complaint.
What you should really be concerned about, Sumner, is that Trump has vetoed precisely zero appropriations bills of any kind. He has vetoed only two things; the removal of the national emergency over the Southern border and the withdrawal of U.S. military support from the internationally recognized Yemeni government. This paucity of vetoes concerns me greatly.
The real “decline of American democracy” lies in the rapidly growing and exorbitant power of congressional leadership, the refusal of Congress to reduce the exorbitant power of the courts, and the collapse of any sort of amendment process for appropriations bills.
“Which of the following four topics attracts the greatest amount of protest from millennials”
The war on drugs by miles. And there’s nothing unjust about the imprisonment of people for drug dealing. It’s just inefficient.
Roger D McKinney
Apr 17 2019 at 6:48pm
How are these the end of democracy? The writers of the Constitution didn’t want a democracy. They wrote the Constitution to limit democracy. But people went to work immediately to undermine the restraints. The problems you mention are the result of increasing democracy. They’re what the majority want.
Benjamin Cole
Apr 17 2019 at 7:21pm
1984 is peanuts compared to the modern surveillance state especially as being perpetrated in China, but also the United States.
In 1984 there was the occasional camera hidden behind a mirror, or a secreted microphone, or an informant.
To catalog today the full range of surveillance technology would be too depressing in a comment section. Suffice it to say every time you pass through a toll bridge your license plate is noted, and your whereabouts are always identifiable through your smartphone. A copy is made of every email, text or phone call you make.
Add on: Roger Stone is being prosecuted by the federal government, and is not allowed to talk in public about that prosecution. As Stone is associated with the Trump Administration, this evidently is not an issue. Like everybody who is not a multi-millionaire, Stone will become bankrupted defending himself from federal prosecution.
Yemen is absolutely awful. Beyond that, the United States has spent $7 trillion in the Mideast since 9/11 with counterproductive results and widespread carnage. But everybody is in a fright over spending on a Green New Deal.
It ain’t just the millennials.
Lorenzo from Oz
Apr 17 2019 at 9:04pm
A recent book review essay by Arnold Kling on this site seems relevant. Hard to restrain the state without strong communities.
https://www.econlib.org/library/Columns/y2019/KlingRajan.html
Phil H
Apr 18 2019 at 1:27am
Extrapolating from the experience of Brexit, I wonder if the decline in the effectiveness of Congress has to do with a change in its makeup?
When Britain was faced by an issue that didn’t cut cleanly left/right, it just completely fell apart. The executive didn’t organize Brexit effectively, and Parliament was unable to wrest back control because once the party whip had failed, it lacked any ability to create decisive coalitions.
Despite the increase in political noise, it still seems true to me that left and right parties are in general closer together than they used to be. That means many fewer issues will cut cleanly left/right or D/R, and as a result, Congress is basically floundering. Hence the perennial inability to pass budgets.
Perhaps the era of decisive legislatures, driven by ideologically distinctive parties, is over? They’re quite a recent phenomenon, after all. There’s no reason to think that the post-war normal is necessarily a long-term arrangement.
Matthias Görgens
Apr 18 2019 at 6:16am
I suggest voting with your feet instead. In contrast to voting at the ballot box, it will have a big impact on your life.
Michael Pettengill
Apr 18 2019 at 7:30am
If “use of military force” is not war, what is “war”?
The politicians want no hint of the cost, the sacrifices, the losses, that FDR demanded be met. Congress committed all the resources to achieving victory, and FDR required the nation bear the burden, and Congress enabled it with laws during the war.
But presidents taking the US to war is nothing new. President Polk was desperate for war with Mexico to expand the US territory southwest. After sending US Army units into Mexico, Mexican army efforts to expell them from Mexican territory led to his call to Congress to declare war. Congressman Lincoln asked for specifics as to the location of the attack, to no avail.
Even with Mexico in political turmoil, the war was seen as too costly by many. And the treaty ending it required the US give citizenship to many Trump seems to consider illegitimate Americans, like US District Judge Curiel.
The only difference between the action of Congress in the days after Pearl Harbor and 9/11 was in the commitment the nation, and the word “war”, but the intent was simply military force in both cases, also called simply “war”.
Dan Culley
Apr 18 2019 at 9:15am
While 1942 might be the last time that Congress passed something called a “declaration of war,” you are ignoring the Gulf of Tonkin resolution and the three joint resolutions entitled “Authorization for the Use of Military Force” that accompanied the Gulf War, the Afghanistan War, and the Iraq War. The Gulf of Tonkin resolution can rightly be criticized for obfuscating what was actually happening. But the latter three were pretty clear that they were authorizing protracted military action. We can quibble about whether there is a semantic difference that translates into important implications for policymaking. But I don’t think you can say that these conflicts involved completely abandoning the Congressional prerogative to the executive.
robc
Apr 18 2019 at 10:05am
I personally think any “declaration of war” should contain those 3 words consecutively in that order at some point in the document.
Ron Paul introduced an actual Declaration of War against Afghanistan (any maybe Iraq too?) and the then republican speaker called the constitutional requirement an “anachronism”.
Scott Sumner
Apr 18 2019 at 9:46am
Dan, I agree. As with trade, it’s a gradual erosion of power.
Bob
Apr 18 2019 at 10:44am
Scott,
I agree with most of this report, except for the ding on millenniels a the end. I spend a lot of time on Capitol Hill and as a result I see and walk through a lot of protests. From my experience, millenniels are will represented. Of the four topics you mention:
1. A 1984-style surveillance state being imposed on America.
Very common subject of protest.
2. Nearly 400,000 people unjustly imprisoned in the War on Drugs (mostly minorities.)
Very common subject of protest.
3. The horrific slaughter in Yemen, which we are contributing to.
I’ve seen protests on this but not as many as I think it deserves.
4. The choice of Halloween costumes at Yale University (2014).
I’ve never seen a protest on this or a similar subject.
BTW: Anti-abortion is by far the most common protest that I see, which tend to include large numbers of high school aged children, people over 45, and very few millenniels.
Joseph McDevitt
Apr 18 2019 at 11:05am
Just reading F.A. Hayek – The Constitution of Liberty and came across something he said, Giving up Liberty- it is very probable that there are people who do not valve the Liberty with which we are concerned, who cannot see that they derive great benefits from it, and who will be ready to give it up to gain other advantages. So are we giving up on Liberty?
Scott Sumner
Apr 18 2019 at 1:03pm
Thanks Bob. I was responding to what I see in the media.
TMC
Apr 18 2019 at 4:00pm
“Congress refused to appropriate funds for a new border wall, but the Trump administration plans to ignore this vote and build the wall anyway.”
Congress did approve the wall, a few years ago, so at least they did their job there. Trump would be circumventing them if he just spent money without a source, but it seems he’s found a legal way to do so. He is the executive, so that’s kind of his job, to follow the law.
Most other things I agree with here though. Congress has been giving away its power for decades. I though one good side benefit of TDS is that Congress might reign in Presidential overstepping of bounds. Doesn’t look like it.
I’m not sure what the issue of the Supreme Court picks are. The conservative position has long been to uphold the original intent of the Constitution, and the liberal is to legislate from the bench.
At least through the court picks, and deregulation, Trump has been less authoritarian than his predecessor. So things are slowly going in the right direction.
Warren Platts
Apr 19 2019 at 5:49am
“If there was hope, it must lie in the proles, because only there, in those swarming disregarded masses, eighty-five percent of the population of Oceania, could the force to destroy the Party ever be generated.”–George Orwell
Warren Platts
Apr 19 2019 at 5:55am
As for China, I have an honest question: Why should we trade one dollar with a country that is responsible for 30 to 70 thousand dead Americans every year & is committing genocide on the Muslims that live within its borders, not to mention rearming so they can “Fight and Win” a war against us? Is the answer yes because we are no better than they are??
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