Questions of when and how American military force should be used have become increasingly complex in the 21st Century, as threats to international peace and security continue to evolve. A “war” to fight international terrorism, in which the enemy may not always be in the form of a specific nation-state, has replaced the former Cold War as the primary defense concern of the U.S. The notion of national self-defense has come to include pre-emptive or preventive military action against those perceived to be a threat. In this new era, we must have a clear understanding on how the U.S. should constitutionally and prudently make the decision to introduce America's armed forces into hostilities.
The Constitution provides for a division of war powers between the legislative and executive branches. The Constitution vests the power to declare war exclusively with Congress, and the President, as Commander in Chief, makes all decisions as to how to wage that war. On nearly every occasion that the U.S. military was deployed into combat over the past few decades, including our recent engagements in Afghanistan and Iraq, questions and disputes about the proper division of war powers have come to the forefront. We have worked to clarify these issues.
