Declaring War

The congressional declaration of 1812 is the first and most important example of how the president declares war. With it, President James Madison established the enduring precedents, procedures, and excuses. By 1812, it was well understood, if not widely accepted, that presidential decision making and leadership were essential elements for overcoming the organizational paralysis of the Congress. Since 1789, the size of the House had more than doubled, and its original committee-of-the-whole system had early on broken down in that chamber as a result of an ever-increasing workload. In its place, the modern standing-committee system slowly evolved by fits and starts. But war is not peace. Were presidential decision making and leadership also necessary for the declaring of war? Might it be possible for the Congress to decide the question of war or peace independently of the president? If so, then the hopes of the Federal Convention would be realized. If not, then the American republic would differ little from all the tyrannous kingdoms and empires of history, at least with respect to war.

With the shrewd assistance of the newly elected Speaker, Henry Clay, President Madison was able to answer the question. As in peace, so in war, the congressional power to declare war could not be exercised without strong and insistent presidential leadership and decision making. To overcome congressional paralysis on this issue as well as all other issues, the power to declare war would be exercised only after a presidential decision and only with presidential leadership. Not incidentally, the newly evolving standing-committee system in the House greatly facilitated President Madison’s task.