National Platform of the Libertarian Party
Adopted in Convention, May 2004, Atlanta Georgia
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IV. FOREIGN AFFAIRS
Military
Presidential War Powers
The Issue: Recent Presidents have -- on their own through declarations of "states of emergency" and with the assistance of Congress via the War Powers Act -- expanded the role of Commander-in-Chief of the Armed Forces to assume the power to wage limited (and not so limited) war without the Constitutionally required explicit Declaration of War by Congress. These wars often occur in secret, funded and/or operated by the CIA, NSA, and other agencies not directly accountable to the People.
The Principle: The role of Commander-in-Chief, correctly understood, confers no additional authority on the President.
Solutions: We favor a Constitutional amendment limiting the presidential role as Commander-in-Chief to its original meaning, namely that of the head of the armed forces in wartime.
Transitional Action: We call for the reform of the Presidential War Powers Act to end the President's power to initiate military action, and for the abrogation of all Presidential declarations of "states of emergency." There must be no further secret commitments and unilateral acts of military intervention by the Executive Branch.