When is a war not a war? When it's a.....

How does the U.S. Constitution check and balance our government in times of potential war?

First of all who has the power to declare war? That power was placed solely within the U.S. Congress.  Both the House of Representatives and the Senate need to vote in favor of declaring war to begin hostilities. A simple majority vote is required from each of both houses.

Once war is declared by Congress the President, as the Commander-in-Chief, has the responsibility to get the job done, to win the war. The Congress appropriates the money to see that the war plans get properly funded as directed by the President and the Secretary of War. The end game is to win and deal with the aftermath later. But that gets unpredictable and is always messy.

What about a shorter war, with limited and specific targets? Governments don't have to be destroyed but one side wants to win an objective while the other side(s) don't want to allow that. In these cases the conflicts are not called "wars". Some are called "conflicts, or "incursions".

Well, that's where we need to study the checks and balances,and compromises that are set in motion.

In the short "wars" a formal declaration of war is not required. But, under the War Powers Act or Resolution of 1973, Congress compromised with the executive branch and stated that Congress still has to be notified within 48 hours at the onset of these limited "wars" and then the conflitcts need to be finished quickly...between 60 and 90 days; 60 days of fighting and then another 30 days for withdrawl.

Why?

Because certain circumstances require immediate action to thwart the bad guys before all hell breaks lose. There is no time to debate or vote as the situation is too dire to not take action. Besides, the Congress can still issue an Authorization for the Use of Military Force (AUMF), after the fact for extended time as required.

Congress can still yank on the purse strings at any time to limit the expenditures or simply let it play out and play politics when it's all done and over.

Corrections and suggestions are always welcome.

Written by Steve Jackson, January 7, 2026

Image courtesy of The Pixel Man

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