Yet, Bush was right constitutionally as well as politically to seek authorization. As Louis Fisher notes in "Presidential War Power," the draft constitution presented at Philadelphia in 1787 gave Congress the power to "make war." Charles Pinckney of South Carolina objected, according to the convention notes, because he believed the House would be "too slow." James Madison of Virginia and Elbridge Gerry of Massachusetts responded by moving "to insert 'declare,' striking out 'make' war; leaving to the Executive the power to repel sudden attacks." This is what the states ratified.

Gerry told the convention "he never expected to hear in a republic a motion to empower the Executive alone to declare war."

President Washington, who had presided at Philadelphia, understood the war power well. When Creek Indians began scalping settlers in Georgia in 1793, he did not order U.S. troops to attack. "The Constitution," said Washington, "vests the power of declaring war with Congress, therefore no offensive expedition of importance can be undertaken until after they have deliberated upon the subject and authorized such a measure."

Madison described the war-powers clause in a letter to Thomas Jefferson. "The Constitution supposes, what the History of all Govts demonstrates, that the Ex. is the branch of power most interested in war, & most prone to it," said Madison. "It has accordingly with studied care, vested the question of war in the Legisl."

Until Harry Truman sent troops into Korea without authorization, all presidents respected Madison's original intent. Republicans in 1950 were enraged at Truman's breach. Sen. Robert Taft of Ohio, "Mr. Republican," called it "a complete usurpation by the president of authority to use the armed forces of this country."

In seeking congressional authorization for war, Bush stood with Washington, Madison and Taft, not the over-reaching Truman. Because he did, Candidate Kerry is in a hard place today, and our troops in Iraq retain the support they need to win the decisive victory that still eludes us in Truman's Korea.