A More Perfect Union 
Volume 1, Issue 7 
Iraq War

The Unconstitutionality of the War in Iraq 
The result of our founding fathers experience with the American Revolution was to keep the power of declaring war away from kings or presidents and instead, give it to the people—through their representatives. Thus, article I, section 8, clause 11 of the Constitution gives the power to declare war to the Congress. 
So how does that make the War In Iraq unconstitutional? 
It’s really simple. The Constitution says that we cannot fight a war unless we declare war. The only body of government who can declare war is the Congress. And the Congress has yet to declare war. 
The reason the Congress has yet to declare war is because it is relying on a piece of legislation called the War Powers Resolution— which says that “within sixty calendar days after [the President has begun using United States Armed Forces] the President shall terminate any use of the United States Armed Forces … unless the Congress has … [either] declared war or has enacted a specific authorization for such use of United States Armed Forces.” 
The Constitution does not say anything about the “authorization for such use of United States Armed Forces.” It only talks about Congress’s ability “to declare War.” Apparently, according to the language of this Resolution, authorizing force and declaring war are two different things (because the Resolution gives Congress the power to do either one or the other). So what the War Powers Resolution essentially did was allow the Congress to authorize the use of force without declaring war. That is unconstitutional. Therefore, because the congress relied on this unconstitutional method of going to war, the war itself is unconstitutional. 
In other words, the Congress, in following the War Powers Resolution language, decided not to declare war but to opt out on the second (and unconstitutional) option, by authorizing the President to use military force in Iraq. On October 16, 2002, by way of the “Authorization of Use of Military Force Against Iraq Resolution” the Congress declared that the “President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate.” So, once again, Congress did not declare war, they simply transferred that power to the President by allowing him to use the military as he pleased. That is unconstitutional. 
That’s exactly what King George III of Great Britain was doing when he shipped his army and navy across the Atlantic to begin the American Revolution. 
The experience that our founding fathers had of with war was to keep the military out of the hands of tyrants, and they covered this base by giving the Congress the power to declare war. But with the War Powers Resolution and the Authorization of Use of Military Force Against Iraq we have clearly allowed our representatives to erase the whole intent of the founders in giving the war power to the Congress, for they have essentially transferred that power over to the President. 
Putting aside all of the political hog wash as to whether the War in Iraq is good or bad, the fact that the War is unconstitutional should be enough for any apple pie eating American to be concerned that their representatives are blatantly ignoring the Constitution and destroying our form of government by transferring their war declaring powers to the president. 
Notice, all of the recent talk about Iran—and whether or not we should pick a fight with them—has all been coming out of the White House, while the Congress essentially sits and waits for the President to decide. This is unconstitutional. And if it is not international tyranny, I don’t know what it is.