Constitutional Wars Research Paper

3-25-13
P-3

Constitutional Wars?
The United States was involved in both the Korean (1950-53) and Vietnam (1964-73) wars. Though the wars were fought at different times, both dealt with communism and containment. Questions arose as to why the United States was involved in these wars without having any formal declaration of war. Presidents Truman, Johnson and Nixon were involved with these wars. Many people think that congress neglected its constitutional military responsibilities and handed them, by default, to the presidents in office at the time who then, led the country in unconstitutional wars. This statement cannot be considered valid or invalid before four major categories are analyzed; 1) roles of the legislative and executive
Truman was being pressured to not appear weak or soft when it came to anticommunism. So when North Korea invaded, Truman saw this as the perfect opportunity for the United States to prove their devotion to stopping communism. Truman almost immediately committed United States forces to help South Korea. President Truman feared that communist powers would continue to grow and spread if action was not taken. He wanted to do everything in his power to contain communism. In a speech he gave to his staff two days after the invasion, he said “There's no telling what they'll do, if we don't put up a fight now." Truman wanted to send a message the Soviets and China letting them know communism was going to be contained. That being said, it was not America’s job to end communism in Europe or Asia. President Truman’s decision to get The United States involved in the Korean War was constitutionally wrong. Truman never sought an official declaration of war from congress, he just acted on his own thoughts and feelings. Congress did not neglect their responsibilities, it did not seem as though congress thought the United States needed to get involved. Under the Constitution, the president does not have the power to declare war. Therefore, Truman did not have the power to send American troops into battle without an official declaration or permission from congress. Only congress has the power to declare war and all fourth a militia. Truman violated the Constitution by making decisions he was not authorized to make. Truman could have sent troops if The United States was under attack, but they were not. The argument can be made that America was not officially going to war with Korea and that Truman was only helping out the United Nations as a police action. America took the lead in the war but they did so under the rubric of the United Nations