Who Can Declare War? (Replay)
This episode is a replay of the episode posted on July 1, 2025: Episode 48: Who Can Declare War?
Who has the constitutional authority to declare war: the President or Congress?
Mark DeLuzio takes on a heated question that often gets filtered through party loyalty, current events, and political talking points. Rather than arguing from a Republican or Democrat perspective, Mark goes back to the Constitution itself, along with the words of Washington, Jefferson, Madison, and Hamilton, to examine where the power to declare war actually belongs.
This discussion looks at Article I, Section 8 of the Constitution, the role of the President as commander in chief, and why the War Powers Act has created so much confusion around military action. Mark also challenges the argument that a short military strike, limited engagement, or action taken under a president people support can be separated from the constitutional standard.
Along the way, he reflects on the cost of undeclared wars, the strength of the military industrial complex, and the danger of defending constitutional limits only when the other political side is in power.
Topics covered include:
- What the Constitution says about declaring war
- Why Congress, not the President, was given that power
- The difference between commanding the military and starting a war
- How the War Powers Act changed public understanding of war powers
- Why past presidential actions do not automatically create legal precedent
- What the Founders warned about placing war powers in the hands of one person
- The human and financial cost of modern undeclared wars
- Why constitutional consistency matters, even when it challenges your preferred political side
The answer, Mark argues, is not found in cable news, party loyalty, or popular commentators. The answer lies in the Constitution.