War and the President
The Constitutionist
War and the President
6-11-2026
In June, military forces were sent by the President to battle Islamic extremists, but they were sent without any declaration of war. Was this an illegal act?
The short answer is NO. Our Constitution included provisions for actions the President could take without a declaration of war.
That action listed above was what President Thomas Jefferson did in the year 1801, over two hundred years ago, because of murders, kidnappings, and seizures of ships by the Barbary Pirates. The current debate on Iran argues whether weapons of mass destruction were involved, which is vitally important. Each side has its own beliefs, but does not yet know.
Allow me to set a foundation here. Whenever someone questions the Constitution, I keep in mind that each state sent its best thinkers to the Philadelphia Convention in 1787; every state that is, except Rhode Island, which did not contribute to the Convention.
All the delegates studied for the meeting; all wanted to compete with the best minds in the nation. They were a mix of politicians, farmers, businessmen and attorneys who had seen human events at their worst and finest.
James Madison stood above most; he had compiled Notes on Ancient and Modern Confederacies and had detailed the shortfalls of the Articles of Confederation.
The delegates were well-prepared to create a new government.
There were problems that needed quick attention. The British still had forts in American territory, and Spain had closed the Mississippi River to U.S. trade. Piracy on the high seas was another problem; more problems could pop up without warning.
The longest debate in the Constitutional Convention concerned the office of the President; they argued for days. It was finally decided that the President must have the power to be energetic, to act when a situation called for a quick response. So, the founders created an Executive that would also be Commander-in-Chief of the Armed Forces, thereby giving the president the ability to deal with issues without a declaration of war from Congress, which could take weeks for them to assemble.
Alexander Hamilton explained this in Federalist #70, should you wish to study further.
Although Congress could now assemble in days from initial notice, today’s weapons systems can be delivered with no notice. Missiles from another continent can deliver death to an entire city in less than an hour. The importance of dealing with these threats demands an energetic Executive.
Steven Maikoski
Images courtesy of Wikimedia, New York Public Library, Naval History and Heritage Command, National Portrait Gallery - Smithsonian Institution, Library of Congress.
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