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Constitutional Chats Presented By Constituting America


Jan 25, 2024

Think about the environment under which our Constitution was drafted.  Our new nation had just waged and won a war for independence and was surrounded on all sides with hostility: the British in the north and their navy out to sea, the Spanish empire to the south, British and French ships patrolling the Caribbean and sometimes hostile Native American tribes to the west.  Our Founders knew war was necessary but also had a healthy wariness about where the power to wage it should reside.  The Founders questioned if war powers could lead to tyranny and questioned the effect of standing armies. Thus, Article 1, Section 8, Clause 11 gives this power to Congress and not the President.  Joining our student panel to help us further understand why, we are pleased to welcome Reid Smith, vice president of foreign policy at Stand Together where he serves as an expert of constitutional war powers and foreign policy.