Who decides when the United States goes to war?

The Constitution divides that responsibility between Congress and the president. Congress possesses the power to declare and fund war, while the president serves as commander in chief. But from the earliest years of the republic, the boundary between those powers has been tested, stretched, and frequently blurred.

In this episode of America at 250: Due Diligence, Bill Bernardoni and Steve Herman trace the evolution of American war powers from Thomas Jefferson's campaign against the Barbary powers to Korea, Vietnam, Iraq, Afghanistan, Iran, and Venezuela.

Author Joseph Wheelan takes us back to the beginning of the 19th century, when American merchant ships and sailors were being seized by the Barbary corsairs. Jefferson sent the young United States Navy into combat without requesting a formal declaration of war, while Congress financed the operation and allowed it to continue. That early confrontation established a precedent that later presidents would repeatedly invoke.

Retired Army Brigadier General Ernie Audino argues that the Constitution gives the commander in chief the authority to commit American forces to combat, while Congress retains the power to raise the military and stop financing a conflict. Drawing on nearly three decades of military service, Audino also explains why political leaders must clearly define the objective of a war before asking service members to fight it—and considers the difficult questions created by artificial intelligence and autonomous weapons.

Former Illinois Congressman and Air Force combat veteran Adam Kinzinger offers a perspective shaped by both the cockpit and Capitol Hill. He argues that presidents sometimes need the flexibility to act quickly, but Congress has too often surrendered its own constitutional authority. A lasting military campaign, Kinzinger says, requires more than presidential orders: Congress must participate, the mission must be clearly explained, and the American people must be brought along.

From Tripoli to Pearl Harbor, Korea, Vietnam, and the conflicts of the 21st century, The Power of War examines what happens when formal declarations disappear but the consequences of war remain.

The Constitution did not give the power of war to a single branch. It divided that power so that no one person or institution could own the decision alone. But that system works only when both Congress and the president are willing to accept responsibility.

Joseph Wheelan is a journalist, historian, and author who spent 24 years as a reporter and editor for The Associated Press. He is the author of Jefferson's War: America's First War on Terror, 1801–1805, which examines Thomas Jefferson's confrontation with the Barbary powers and the development of the early United States Navy.

Brigadier General Ernie Audino, U.S. Army (Ret.), served nearly three decades in the Army, including as executive assistant to the vice chairman of the Joint Chiefs of Staff. He also spent a year embedded as a combat adviser with Kurdish Peshmerga forces in Iraq, becoming widely recognized as the only American general officer to have served in that capacity.

Adam Kinzinger is a former Republican congressman from Illinois who served six terms in the U.S. House of Representatives, including on the House Foreign Affairs Committee. A lieutenant colonel in the Air National Guard, he flew combat missions in Iraq and Afghanistan.

Bill Bernardoni is the founder of Bernardoni Media & Marketing and an experienced radio and podcast host, producer, political strategist, and media consultant. His work has included producing national radio programs, developing podcasts and digital media projects, and advising political campaigns and public-policy organizations.

Steve Herman is an award-winning journalist and former Voice of America White House bureau chief. During his decades-long career in international journalism, he has reported from more than 70 countries and covered the White House, diplomacy, national security, natural disasters, and conflicts around the world.

When should a president be permitted to order military action without first receiving authorization from Congress—and when should Congress be required to vote?

Share your thoughts with us at RadioFreeAmerica.media.

America at 250: Due Diligence is produced with support from the Radio Free America Project and the Jordan Center for Journalism Advocacy and Innovation at the University of Mississippi School of Journalism and New Media.

Alcohol prohibition required the Constitution twice—once to impose it and once to repeal it. Marijuana prohibition took a different path, imposed through federal law even as a growing number of states have chosen legalization.

In this episode of America at 250: Due Diligence, Steve Herman and Bill Bernardoni examine how national prohibition takes hold, what happens when Americans refuse to comply, and how conflicts between federal and state power can reshape the law.

Historian Richard Hamm explains how nearly a century of temperance organizing, religious activism, women's groups, and state-level campaigns culminated in the Eighteenth Amendment. He describes how the Anti-Saloon League pioneered modern lobbying, how World War I weakened the alcohol industry's political resistance, and why enforcement varied dramatically from one community to another.

Yale Law professor Robert Post explores how Prohibition transformed the Supreme Court and the federal judiciary. The enormous enforcement burden helped produce major developments in search-and-seizure law, automobile searches, electronic surveillance, privacy rights, and the Court's control over its own docket. Post also explains how former President William Howard Taft used his executive experience to reshape the role of the chief justice and modernize the federal court system.

Vanderbilt Law professor Robert Mikos brings the debate into the present. He explains why the federal government needed a constitutional amendment to impose alcohol prohibition but has used its Commerce Clause authority to prohibit marijuana. He also examines the Tenth Amendment's anti-commandeering principle, which allows states to decline to enforce federal marijuana policy even though they cannot repeal federal law.

Together, the conversations reveal a recurring American dilemma: What happens when Washington establishes a national rule, but the states, local authorities, and much of the public no longer accept or enforce it?

Steve Herman is a veteran journalist and former White House bureau chief for Voice of America. During his international reporting career, he covered the White House, national security, diplomacy, politics, and major events across the United States and around the world.

Bill Bernardoni is the founder of Bernardoni Media & Marketing and an experienced radio and podcast producer, political communications professional, and broadcaster. He has produced nationally distributed programming for media organizations, public-policy groups, authors, journalists, and independent hosts.

Richard F. Hamm is a Distinguished Teaching Professor of History and Collins Fellow at the University at Albany, State University of New York. A leading historian of American Prohibition, he is the author of Shaping the Eighteenth Amendment: Temperance Reform, Legal Culture, and the Polity, 1880–1920.

Robert C. Post is Sterling Professor of Law at Yale Law School and served as the school's dean from 2009 to 2017. He is a constitutional-law scholar and the author of The Taft Court: Making Law for a Divided Nation, 1921–1930.

Robert A. Mikos holds the LaRoche Family Chair in Law at Vanderbilt Law School and is a leading authority on federalism, marijuana law, and the relationship between state legalization policies and federal drug regulation.

When a federal prohibition remains on the books but states and much of the public have moved in another direction, should Washington continue enforcing the national rule—or formally return the decision to the states?

Share your thoughts with us at RadioFreeAmerica.media.