The Constitution, Art. I, Sect. 8, Clause 11: "The Congress shall have Power To ... Declare War ..."
the representatives of the people have the right to
decide this important question, conjunctively with the supreme
executive who may . . . exercise a qualified negative on the joint
resolutions of congress; but this negative is unavailing if two thirds
of the congress should persist in an opposite determination; so that
it may be in the power of the executive to prevent, but not to make,
a declaration of war.
~~ Footnote 462 of Restoring the Congressional Duty to Declare War.
1 ST. GEORGE TUCKER, BLACKSTONE‘S COMMENTARIES WITH NOTES OF
REFERENCES (1803), Appendix, Note D, Of the Constitution of the United States, Part
5—Powers of Congress (cont) Paragraph 11, http://www.lonang.com/exlibris/tucker/
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