On November 11, we honor veterans who have endured war on behalf of the rest of us. By extension, we also honor those who are currently serving in the military. And, in a larger sense, you might say we also reaffirm our commitment to any future soldiers; that if they are ever sent to war, they shall be sent to wars that are deemed truly necessary, that they shall be given all they need to fight effectively and hopefully survive the battle, and they shall be honored and supported when they come home.

Sounds simple enough. And back in 1787, a clear plan was developed to make sure this happened. At the Constitutional Convention in Philadelphia, 55 delegates came together to discuss issues of representation and governance and war and peace. Of these 55 men, nearly all of them had fought in the Revolution. 29 of them had held command roles. All but 3 of them had served in some form of local or state government. And, for what it’s worth, most of them were lawyers. So, yes, they were fairly qualified to discuss the requirement and ramifications of war.

It was a highly charged, combative Convention, fraught with conflict. The delegates agreed on just about nothing. But on one point they were absolutely certain: the power to declare war rests with the Legislature, not with the Executive. Only 1 delegate (ONE!) suggested that the power to declare war rested with the President. (He was shouted down, and history does not remember him fondly, perhaps because he was an ardent slaveholder from South Carolina whose only other contribution was the Fugitive Slave Clause.) The remaining 54 delegates were unanimous and clear on what they wanted, and they crafted a very simple statement to that effect, which today we call the War Powers Clause of the United State Constitution:

“The Congress shall have the power to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Capture on Land and Water.”

The War Powers Clause, just 24 words long, served the country well for 150 years. By requiring Congress to declare war, the Clause ensures that open debate on potential conflicts takes place, that all Americans get a chance to weigh in on the matter and that, when we go to war, we go to war together. But in 1950, something went wrong, and that something was called Korea. President Truman went to war on what was called a “police action,” without Congressional declaration. And since that time, things have gone, well…

You can decide for yourself. Here are two lists for your consideration:

Wars declared by Congress: War of 1812, Mexican-American, Spanish-American, World War I, World War II

Wars NOT declared by Congress: Korea, Vietnam, Gulf War, Iraq, Afghanistan

This Veterans Day, 54 out of 55 Founding Fathers are asking a pretty simple question. Before we create the next generation of Veterans, shouldn’t we first agree on what we are asking them to risk their lives fighting for?