Power to Declare War

Yes, I know that the U.S. Constitution gives Congress the power to declare war, but it sure seems like that phrase hardly matters anymore in the duel between the Legislative and Executive Branch.

That's been on display over the past two weeks as U.S. military forces have joined to attack military installations and assets of Libya, yet another example of how the President can order U.S. forces into action without worrying too much about the Congress.

At a pair of lengthy hearings on Thursday, Defense Secretary Robert Gates was raked over the coals by members of both parties, who tried repeatedly to get him to admit that President Obama had overstepped his authority.

But Gates, who has worked under eight different Presidential administrations, deftly parried those Congressional jabs.

"I'm not a Constitutional expert," said Gates at one point, trying his best to get out of the way of another Congressional Complaint.

"I'm a member of Congress and I take a certain amount of offense at the timing of what the President did," said freshman Rep. Austin Scott (R-GA),

"Who makes the determination of who we can and cannot bomb without Congressional approval?" Scott asked.

"The President," said Gates flatly, who started work at the Central Intelligence Agency before Scott was even born.

At one point, Gates noted that the Congress has not specifically declared war since the aftermath of the Pearl Harbor attack that led to U.S. involvement in World War II.

Gates did tell lawmakers that the Obama Administration would welcome a vote on a resolution authorizing the use of force against Libya, but that didn't ease the verbal shots coming his way.

"I think there is significant question as to whether or not you have Congressional support," for the Libya operation said Rep. Mike Turner (R-OH),

A number of lawmakers echoed those sentiments, as they blasted President Obama.

"We don't understand what he's doing - still - and I don't think he has the support of this Congress," said Rep. Jeff Miller (R-FL).

While Miller and others might be right about that, it doesn't change the political calculus on the use of U.S. military forces - Congress simply doesn't measure up to the Executive Branch.

Some of us in the Press Gallery got a good chuckle when Secretary Gates referred to the 1986 attack by President Reagan on Libya - which also did not have a Congressional authorization.

It was a reminder that in numerous instances, Presidents of both parties have gone forward without the backing of the Congress, and will do so again in the future.

In fact, it's happened so many times that the Congress is on the verge of becoming Constitutionally Irrelevant in many ways.