In this case the war powers act, As I have already pointed out, under the United States Constitution, war powers are divided. Under Article I, Section 8, Congress has the power to:
- declare war
- grant Letters of Marque and Reprisal (i.e., license private citizens to capture enemy vessels)
- raise and support Armies (for terms up to two years at a time)
- provide and maintain a Navy
- make Rules for the Government and Regulation of the land and naval Forces
- provide for calling forth the Militia
- make Rules concerning Captures on Land and Water
- provide for organizing, arming, and disciplining, the Militia; and
- govern such Part of [the militia] as may be employed in the Service of the United States.
Section 8 further provides that the states have the power to:
- Appoint the Officers of the Militia; and
- train and equip the Militia according to the discipline prescribed by Congress.
I have an interest in comparative constitutional law, and France's interpretation of the separation of church and state: Laïcité, which got me looking at the constitution of the Fourth French Republic (1946), Article 7, which deals with declaring war:
War may not be declared without a vote by the National Assembly and the preliminary opinion of the Council of the Republic.
I've already pointed out that the executive, or the commander in chief of the military, should not be charged with this ability, which was something which concerned the founders. They expressed a dislike for a standing military.
Unfortunately, their fear has come to pass and the US has a large, standing military. And it is being used to pursue "forever wars".
Recent events have highlighted that the founders were right and some sort of legislation with teeth should be put in place to prevent military adventures.