On further thought, given current events and the behavior of Congress (i.e., NO behavior), I’ve amended this proposed amendment. Congress should NOT be able to cowardly evade their constitutional duties by simply doing nothing when the President usurps the rights and responsibilities of Congress. As such, here’s an alternative ‘war’ amendment. My prior attempt put all the pressure on the President for starting a non-Congressionally approved war. This version puts pressure, on both, to obey the INTENT of the Constitution.
The War Powers Amendment
When the President causes a military strike, other than purely defensive actions that require implementation in less than a few hours (an emergency situation), without prior approval from Congress, the Senate and House must, within one week, vote on a bill to approve the war. If the vote fails, the President immediately ceases to be President and is removed from office. If the vote is not held within one week, the majority leadership of the Senate and the House immediately cease to be elected officials and are removed from office.
Any successor to the President who continues the military action for longer than one week after Congress denied approval is subject to the same automatic termination. No end-runs, no loop-holes: Congress, and ONLY Congress may start wars.
Any successors to the Congressional leadership are subject to the same automatic termination as the prior leadership if they fail to hold the vote within one further week.
Emergency actions, of a very limited nature, may be approved by the top 8 Congressional leaders. All other military actions must be approved by the full Congress.
This Presidency termination and/or Congressional leadership termination is self-implementing, and requires no action by any body.
The exception would be if Congress has previously agreed to a defensive treaty that automatically triggers military action by the United States upon aggression directed at a signatory of the defensive treaty.
There MUST be automatic consequences when a President usurps the Constitutional powers of Congress, and there MUST be automatic consequences when Congress refuses to execute their constitutional duties. There should be NO “playing politics” when it comes to war.
-Everett