Newt Gingrich - Americans should learn more about Lincoln

[davg2000]

(07-31-2019 04:10 PM)L Verge Wrote:  Am I correct that Congress has the actual power to declare war? Presidents tend to do it in emergency situations. Would any Congress up to 1860 have allowed secession?

I have always thought that the Founders’ decision to give Congress the sole power to declare war, before American involvement in war, probably made sense in their time, but it appears impractical in ours. Congress is a deliberative body, and deliberation requires time and patience. We live in a time of “crises” and near-instant communication. Any modern President will say that in a national crisis action is needed now, and not in good time. So he will act. A President today may request that Congress declare war, though, after the nation has become involved. But this declaration mainly serves to ratify his actions. Most of us have seen the film of FDR asking a joint session of Congress to declare war on Japan the day after Pearl Harbor. However, his speech functioned mainly as a device to unify the country—there was never any doubt that Congress would declare war.

Regarding Laurie’s other question about any Congress up to 1860 allowing secession, I wonder what it could do on its own, without the Executive branch. In 1832 South Carolina voted to “nullify” the Tariffs of 1828 and 1832, and by extension any federal law it disagreed with. In answer, Jackson threatened force against South Carolina, and Congress passed the Force Bill early in 1833 in support of his actions. But Congress also passed the Tariff of 1833, which South Carolina found palatable, and nullification ceased to be an issue. Congress acted in support of Jackson, who would have invaded South Carolina if that state hadn’t backed down. It does make one wonder how it would have turned out if someone like Buchanan had been in the White House instead of Jackson.