PROPOSED AMENDMENT TO THE CONSTITUTION: Executive war powers With the three exceptions noted below, war must be declared in any of the following circumstances: (1) Military action taken with the intention or likely outcome that the internationally recognized government of a sovereign nation is either displaced (including causing the death or incapacity of the head of state or head of government), or that government is forced by the military to accept American terms for ceasing action; (2) Other military action by agents or personnel of the American government, within the borders of a foreign nation, not in concert with the internationally recognized government of that nation, once such action exceeds 60 days’ duration; (3) military action by agents or personnel of the American government, within the borders of a foreign nation, in concert with the internationally recognized government of that nation, exceeding 60 days’ duration, if American personnel have been the target of hostile fire during that time; (4) persistently offensive related actions by the executive on the high seas, in or from international shipping lanes, on land that is outside of any independent nation or territories of a nation, or elsewhere within the mesosphere. This article is not intended to limit or affect the executive’s power to take military action in American territory, or to take defensive action, or action against non-government actors, on the high seas, in or from international shipping lanes, on land that is outside of any independent nation or territories of a nation, or beyond the mesosphere. For purposes of this Article “military action” does not include the sale or gift of arms or hardware to a foreign nation, nor the repair, re-supply, or instruction on use of such items. “Military action” must involve American personnel, present and engaged in conflict within the borders, national waters, or airspace of a foreign nation; or military ordnance launched by American personnel into same. “Military ordnance” includes any destructive explosive device, device whose detonation can cause interruption of the normal flow of energy or data within the area targeted, or other lethal weapon controlled by agents of the American government. The duration of “action” shall be deemed continuous regarding any uses of force separated by 30 days or less. Any military action fulfilling the above criteria which does not take place pursuant to a congressional declaration of war exceeds the authority of the executive. Congress may not pass a statute giving the executive the authority to conduct such operations, unless the statute contains a declaration of war against the foreign nation or nations involved, and listing the reasons for such military action. In the alternative, the declaration may state the intention of restoring or preserving a foreign government recognized by the United States. The exceptions to these rules are: (A) When the American military takes action in a foreign nation in concert with other nations, as part of a mandate from an international organization of which the United States is a member, or as part of a treaty obligation. Such organizations and obligations include the United Nations, the Organization of American States, and the North Atlantic Treaty Organization; or (B) When the American military establishes and operates a permanent (intended to stay in place for five or more years) base outside of American territory, with the permission of the internationally recognized sovereign over the land on which the base is located, with such base provided for in the regular defense budget of the United States, and the base and its assigned personnel are operating in accordance with their statutorily determined mission; or (C) the gathering of intelligence by covert means. (B) and (C) are exceptions to (2) (3) and (4) above, but not (1). Regarding exception (A), before the American military becomes involved, the President must seek approval of the Congress, and Congress is required to vote on the request within 48 hours. If either chamber denies approval of American military involvement under (A), and the President believes the denial constitutes a violation of an American membership or treaty obligation, the President shall send any chamber denying approval a signed declaration that the proposed American military action is required, in which case the President may order the military involvement to occur as soon as five days later (and no longer than 90 days later), unless, in an intervening second vote by a denying chamber, each such chamber votes to nullify the order for military involvement. Regarding executive actions that would qualify as “military action” under this article, but for (a) the arguably limited nature of the action, or (b) the short duration of such action, Congress shall indicate its approval or disapproval of the action upon the demand of any ten members of Congress. Once demand is made, each chamber shall vote on the question within 15 days. A vote of disapproval by both chambers shall block the executive from any similar action within 500 miles of the location of the action in question, for a period of one year, unless congress approves such a subsequent action in advance. Any similar executive action taken after a third such vote within a one-year period shall constitute action falling within the definition of “military action” above. Regarding any vote of Congress under this Article, each member of Congress shall provide a written reason for their vote. And any failure of a chamber to vote shall constitute a vote of disapproval by the chamber. While the above language dictates circumstances in which war must be declared due to the nature of military action being taken, Congress can declare war under any circumstances it deems appropriate. Upon ordering American military personnel to conduct operations within a foreign nation, and before the commencement of such action, the executive shall notify one member of each chamber of Congress of the majority party therein, and one member from of each chamber of Congress from the largest minority party therein. Upon declaration of war, or approval of involvement in military action by an international body, the President shall provide a regular accounting of the cost to the U.S. Treasury imposed by the action, which would not otherwise have been incurred in maintaining the pre-action military capability of the nation. A Congressional approval of military action shall include a statement as to the measures all citizens are asked to take, in order to contribute to, and succeed in the military effort, including any surtaxes that will be necessary in order for the citizenry to properly fund the operation. No later than six months following approval of military action, Congress shall vote to continue such action, with all of the conditions listed above, or else such action by the American military shall cease immediately. Such re-approval of continuation of action must occur at least every six months. Conscription shall be considered involuntary servitude, except in times of war or invasion of, or attack on American territory. No woman can be conscripted to serve in combat. The executive may not employ the use of weapons of mass destruction in any circumstance without prior approval of Congress (which may vote in secret if deemed necessary), unless the United States, or its territories comes under attack by weapons of mass destruction. “Weapons of mass destruction” are any weapons that include chemical, biological, or radioactive components; and any weapon that produces a nuclear explosion. The executive may obtain permission from congress for use of weapons of mass destruction in defense of American allies, and may obtain that permission prior to an ally coming under attack. Any member of Congress may seek enforcement of this article by filing an original action in the Supreme Court. Neither the filed document, nor the fact of its filing shall be made public. The Court shall not dismiss such an action for mootness. The court hearing and deciding such an action shall maintain the secrecy of the action, the proceedings, and the judgment, for 90 days. During that time, the parties to the action can argue for continued secrecy. At the end of the 90 days, the courts may, in their discretion, continue the secrecy for whatever period deemed appropriate, not to exceed fifty years. Any secrecy can be reduced or removed by vote of either chamber of Congress, or by the President.
Executive power--systemic change
The war powers of the executive of the United States have been one of the toughest issues for our nation to deal with. We need a strong executive, but we must clearly define war, require congressional action, and limit these powers
This would perhaps fit better under “Execitive Powers & Limitations” I believe something similar is under there.
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