either the president and congress have been breaking the law since 1790 – or your interpretation of the constitution is wrong.
That is my point. Congress has abdicated it’s Constitutional authority more times than not though there are times and circumstances when the President can act militarily without a formal declaration of war such as dealing with non nation state pirates raiding our commerce ships off the coast, and civil unrest or rebellion. Over the years the office of the President has been granted more and more autonomy to make such decisions and each President wants that authority and more.
congress has tried to address problems in the perogatives of the executive and legislative branches by passing the war power act. you probably already know that voting appropriations for war funding is strictly a congressional power.
The idea of Article 1 Section 8 was to make sure the People and specifically the House which is intended to represent the average American more closely than the Executive or Judicial branches of government because governments tend to take advantage of the average person when unrestrained. Our form of government was to be a representative government and for example if war is neccessary in Iraq- ask the People if they want war, if they feel it is worth the cost of lives and treasure. Congress has approval ratings well below the President and it is not surprising since they are not doing what they are supposed to do.
Is it unreasonable or untrue to conclude the Judicial branch has been legislating from the bench more and more over the years rather than just interpreting the law as passed by congress? Roe v Wade is a poinient example of a law enacted by the courts, not congress.
Is it unreasonable or untrue to conclude the Executive branch has been seeking and acting on extraordinary powers not permitted by the Constitution such as signing statements that nullify the law passed by congress? A good example is H.R. 4986, the National Defense Authorization Act for Fiscal Year 2008:
Provisions of the Act, including sections 841, 846, 1079, and 1222, purport to impose requirements that could inhibit the President’s ability to carry out his constitutional obligations…
Congress passes the law and the Presidnet should not be able to strike the portions out of it that would restrain him or that he personally disagrees with.
Is it unreasonable or untrue to conclude the Legislative branch has shirked its responsibility as examples by doing nothing about the borders for decades, allowing the President to use signing statements, allowing the courts to make law, and giving the President open ended military commitments from Korea, Bosnia or Iraq? Should congress be in the middle of business like healthcare premiums, what is covered by a policy or not, what is the best alternative fuel to use in vehicles, and if baseball players take drugs?
Is one thing by itself a reason to raise the red flag so vigorously- maybe not, but taken as a whole over the past 100 years it is clear we have departed from the princples that are the foundation of our law.