law request?

Question

what you people think about a new law
where who decides if is the case to go to war or not
is vote from the Americans People?

we are in democracy right?

so let the Americans to decide if they are ready
to lose their life for any future wars

because is your:
husband
wife
son
daughter

they are the one to go in war and die
is not who is sitting in the congress to die.

theinfallibl...one word

unbelievable

coragryph fine lets do that...

coragryph thanks
that is exactly what I wish to
remove the ability of Congress
to vote for a war...

exactly our congress maybe are emotional but for sure are not reactionary
cause they vote to go to war base on lies..

I believe for the best interest it would be great if WE are who decide to go to war
because if you take a close look what Americans people think about the Iraq War
is not exactly what the government believe.

the problem I see here is this
People and Government are to different planets thats why we are not soo happy./..

Answer 1

Coragryph's statement that Congress could give up the power to declare war to the people, or bind itself by popular plebiscite is most likely incorrect. On more than one occasion in the last twenty-five years the Supreme Court has overturned attempts by Congress to delegate its fundamental powers [Bowsher v Synar (1986), and, Clinton v City of New York (1998), to name just two]. The court's reasoning is that certain powers are inherently legislative (by nature of the Constitution) and therefore cannot be delgated to anyone. There can be no doubt that a declaration of war is the most solemn and serious act any legislator will ever encounter -- and therefore is one I do not believe the Courts would let Congress surrender.

The answer to your question, though, is that it would be a terrible idea. Quite simply -- no -- we do not live in a democracy -- we live in a republic. The Founding Fathers established a system whereby the people would not have direct say over major issues because they understood that people can be swayed by all manner of rhetoric and passions.

Considering that issues of international diplomacy are both intricate and complicated, do you really want decisions about war and peace decided by some guy with a grammar school education? I don't.

As flawed as our republican system may be (and heaven knows it's flawed), I have more faith in the government to make this decision than the bozo who lives down the street.

Answer 2

Actually, it wouldn't take a Constitutional amendment to do, because Congress holds that power, and can delegate its own power by binding itself to act in a way confirmed by popular vote.

But it would take a Constitutional amendment to remove the ability of Congress to later change or bypass that law.

Anyway, I think it's a bad idea for two reasons. First, a declaration of war does nothing except change specific legal statuses, and alter how existing federal laws work. And most people don't bother to read the laws anyway, so they would effectively be making legal distinctions without being aware of the consequences.

More than that, however, Congress would still need to fund the war effort, unless the people voted on funding as well, and would still need to define the scope of the military action, unless the people did that as well. Which means either the declaration itself doesn't do anything, pr the people really needing to get involved in many different continuous aspects of the process.

And even if we went that route, all it would do is basically open the door to even more unchecked executive power. Once a declaration of war is made, the executive branch gets greatly increased powers. Under the existing model, Congress checks that because it controls war-status. By turning that decision over to the people, we open up the flood-gates, usually based on emotional and reactionary decisions.

All in all, I think it's far too dangerous, given the way people think.

Answer 3

What is the point of a government if they can make no decisions and everything is put to vote? Many Americans are too busy with their lives to be informed well enough to be capable of making those kinds of decisions, and the response time would really suck.

Answer 4

i don't have an answer 4 u, i just dropped by to say: nice Clooney pic! ;)