We the People What is the Constitutional Balance of War Powers Between Congress and the President?
11 snips
Mar 12, 2026 
Michael D. Ramsey, a constitutional law scholar focused on war powers, and Harold Hongju Koh, a national security law expert and former Yale dean, debate who controls war making under the Constitution. They cover Epic Fury, the War Powers Resolution, historical meanings of "war," judicial avoidance, congressional inaction, and ways Congress might reassert authority.
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Presidential Seizure And The Three Branch Failure
- Presidents have progressively seized unilateral war powers while Congress and the courts have largely abdicated their checks.
- Harold Hongju Koh traces this to congressional inaction, judicial avoidance, and presidents treating force as an instrument of first resort.
Declare War Clause Meant Congress Decides War
- The Declare War Clause originally assigned initiation of war to Congress, not the president.
- Michael Ramsey cites Founders like James Wilson and Hamilton and 18th-century usage showing war meant broadly initiating hostilities.
Founders Viewed War Broadly Including Limited Campaigns
- Founders and early Republic treated 'war' broadly to include relatively limited naval campaigns and low-level uses of force.
- Ramsey notes 1798 naval conflicts with France and Tripoli were seen as Congress's war power matters.
