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Updated: June 7, 2025
The executive governments of Great Britain, France, and other countries, possessing the war-making power, can promptly employ the necessary means to enforce immediate redress for similar outrages upon their subjects. Not so the executive government of the United States.
"The only ground upon which this kind of legislation can be justified is that of the war-making power. The act of which this bill was intended as amendatory was passed during the existence of the war. By its own provisions, it is to terminate within one year from the cessation of hostilities and the declaration of peace.
Because at Rome, the proud mistress of the world, they thundered out the terrors of the law upon that idolatrous, war-making, and slaveholding community. Why were the martyrs stretched upon the rack, gibbetted and burnt, the scorn and diversion of a Nero, whilst their tarred and burning bodies sent up a light which illuminated the Roman capital?
Although his method of war-making differed as far as possible from that quality in common, of the Bearnese, yet the two had one personal insensibility to fear.
Before adjourning for the Christmas holidays the Duma passed another resolution, aimed chiefly at Protopopov and Sturmer, protesting against the sinister activities which were undermining the war-making forces of the nation, and praising the work of the zemstvos and working-class organizations which had struggled bravely to sustain the army, feed the people, care for the sick and wounded, and avert utter chaos.
The chief objection urged against the grant of this authority is that Congress by conferring it would violate the Constitution; that it would be a transfer of the war-making, or, strictly speaking, the war-declaring, power to the Executive. If this were well rounded, it would, of course, be conclusive. A very brief examination, however, will place this objection at rest.
The nation was inspired by extravagant ideas of glory and conquest, even to a rage of war-making; so that the new ministers, in order to dispel those dangerous chimeras, were obliged to take measures for exciting their indignation and contempt against those persons whom they had formerly idolized as their heroes and patriots.
Moreover, in the midst of the toils and anxieties of war-making and negotiation, he had found time to discover and to send to his master the left leg of the glorious apostle St. Philip, and the head of the glorious martyr St. Lawrence, to enrich his collection of relics; and it may be doubted whether these treasures were not as welcome to the king as would have been the news of a decisive victory.
And although advantages of this kind, whether postal, commercial, or political, can not confer constitutional power, yet they may furnish auxiliary arguments in favor of expediting a work which, in my judgment, is clearly embraced within the war-making power.
Furthermore, the careful observations of Forel show that in ants the instincts of war and plunder may be modified or overcome by instincts of a contrary character. First of all, Forel proves that the war-making instinct is not fundamental. This instinct does not exist in the early stages of ant life.
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