Charles Sumner: his complete works, volume 09 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 09 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
There are Senators who claim these vast War Powers for the
President, and deny them to Congress. The President, it is said, as
commander-in-chief, may seize, confiscate, and liberate under the
Rights of War, but Congress cannot direct these things to be done.
Pray, Sir, where is the limitation upon Congress? Read the text of the
Constitution, and you will find its powers vast as all the requirements
of war. There is nothing that may be done anywhere under the Rights of
War, which may not be done by Congress. I do not mean to question the
powers of the President in his sphere, or of any military commander
within his department; but I claim for Congress all that belongs to
any Government in the exercise of the Rights of War. And when I speak
of Congress, let it be understood that I mean _an Act of Congress_,
passed, according to the requirements of the Constitution, by both
Houses, and approved by the President. It seems strange to claim for
the President alone, in the exercise of his single will, War Powers
alleged to be denied to the President in association with Congress.
If he can wield these powers alone, surely he can wield them in
association with Congress; nor will their efficacy be impaired, when it
is known that they proceed from this associate will, rather than from
his single will alone. The Government of the United States appears most
completely in an Act of Congress. Therefore war is declared, armies are
raised, rules concerning captures are made, and all articles of war
regulating the conduct of war are established by Act of Congress. It
is by Act of Congress that the War Powers are all put in motion. When
once put in motion, the President must execute them. But he is only the
instrument of Congress, under the Constitution.
It is true, the President is commander-in-chief; but it is for Congress
to make all laws necessary and proper for carrying into execution his
powers, so that, according to the very words of the Constitution, his
powers depend upon Congress, which may limit or enlarge them at its own
pleasure. Thus, whether you regard Congress or regard the President,
you will find that Congress is the arbiter and regulator of the War
Powers.
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