James Madison Quotes
The executive has no right, in any case, to decide the question, whether there is or is not cause for declaring war.
Madison, James. "Helvidius Number 1." 24 Aug. 1793. The Papers of James Madison, edited by Thomas A. Mason et al., vol. 15, University Press of Virginia, 1985, p. 68.
In the early 18th century, the succession to the Scottish and English Crowns was unclear. As a safety valve and check, this clause was adopted by the Scottish Parliament. This was one of the most radical and anti monarchy laws ever passed. It took the unilateral power of making war and peace from the king & established the principle of ratification of ALL treaties. The law did not last long. It was nullified by the Union between England & Scotland (1707), and the English Parliament specifically repealed the clause in the “Repeal of Certain Scotch Acts of 1707”. This clause, which only remained in force for 3 years, had a profound effect on the modern democracies. The American founding fathers were totally familiar with the recent English history & this law. So the American’s at the Constitutional Convention of 1787, built the principle into the new Constitution giving the Congress the power to Declare War and the Senate to ratify treaties as a check against Presidential power.
When the Senate was debating the Gulf of Tonkin Resolution, which would empower the President to take "all necessary measures" to repel any armed attack on U. S. forces, Senator Morse was one of only two Senators opposing the resolution:
In 1949 the NATO treaty was signed. There was concern that a phrase in the treaty authorizing signatories to take "such action as it deems necessary, including the use of armed force" would undermine Congress's powers:
On why the President should not be given the right to go to war without the approval of Congress:
James Madison Jr. was an American statesman, diplomat, expansionist, philosopher, and Founding Father who served as the fourth president of the United States from 1809 to 1817. He is hailed as the "Father of the Constitution" for his pivotal role in drafting and promoting the Constitution of the United States and the United States Bill of Rights. He co-wrote The Federalist Papers, co-founded the Democratic-Republican Party, and served as the fifth United States Secretary of State from 1801 to 1809.
