War-Making Belongs to Congress―and the Oil Belongs to the People of Venezuela
The recent Senate debate over U.S. military action in Venezuela exposes a fundamental rupture in American constitutional governance: who has the authority to initiate war. The Constitution answers that question plainly. Yet modern practice―and the arguments advanced in defense of it―have drifted dangerously far from that design. Alongside this constitutional crisis stands a second, inseparable issue: whether the United States may lawfully claim control over the natural resources of another sovereign nation, specifically Venezuela’s oil, under the threat of force.
These questions are not abstract. They determine whether the United States remains governed by law or by precedent accumulated through executive action and congressional silence.
At the center of the debate are two sharply opposed views articulated on the Senate floor. One asserts that the President, as Commander in Chief, may unilaterally use military force whenever he deems it necessary to advance national interests, with Congress relegated to the limited roles of funding restriction or impeachment after the fact. The other insists that the power to initiate war belongs exclusively to Congress, not as a technicality, but as a deliberate constitutional safeguard against impulsive, personalized, or imperial war-making.
Constitutional design and deliberate restraint lie at the heart of the Framers’ intent. Article I of the Constitution vests in Congress―not the President―the power to declare war. Article II assigns the President the authority to command the armed forces once war is authorized and to repel sudden attacks. This division was not accidental. It reflected deep skepticism, shared across the Founding generation, that executives are structurally inclined toward war. James Madison warned that the executive branch is “most prone to it,” driven by secrecy, ambition, and the temptation of unilateral action.
Bombing a foreign capital, removing a sitting head of state, and threatening prolonged military occupation are acts of war by any ordinary, historical, or legal definition. The Constitution does not permit semantic evasions to substitute for authorization.
The Framers, therefore, made war intentionally difficult to launch. They placed the decision in a deliberative body accountable to the people, requiring public debate, recorded votes, and political responsibility. That Congress has too often failed to exercise this duty does not diminish the Constitution’s command. Repeated violations do not convert usurpation into legality. Historical drift explains how power migrated; it does not justify why it should remain there.
Attempts to rebrand large-scale military operations as “law enforcement,” “arrest warrants,” or “limited actions” do not change their substance. Bombing a foreign capital, removing a sitting head of state, and threatening prolonged military occupation are acts of war by any ordinary, historical, or legal definition. The Constitution does not permit semantic evasions to substitute for authorization.
The War Powers Resolution―and the myth of congressional overreach is often invoked as the supposed villain. Critics claim that the 1973 War Powers Resolution is unconstitutional because it allegedly transforms Congress into “535 commanders-in-chief.” This argument inverts constitutional logic. The Resolution does not empower Congress to command troops; it reasserts Congress’s authority to decide whether hostilities initiated by the executive may lawfully continue. It exists precisely because Congress had been sidelined, not because it had seized power.
The statute’s reporting requirements and time limits are accountability........
