Scott Gurvey's Public Offerings

Memorial Day is a day for reflection. The day honors the men and women who died while serving in the U.S. military. Observed every year on the last Monday of May, Memorial Day was originally called Decoration Day in a nod to the tradition of placing flowers or other decorative displays at gravesites.

Memorial Day dates back to the Civil War, in which 620,000 soldiers died. The high death toll due in part to the fact that the total includes the fallen from both sides. Approximately 360,000 Union soldiers and 260,000 Confederate soldiers. All Americans.

What we now call Memorial Day became a federal holiday in 1971. Today, we remember our fallen from all our wars.

Post-Civil War Military Death Tolls

War or Conflict	Years of U.S. Involvement	Total U.S. Military Deaths
World War II	1941–1945	405,399
World War I	1917–1918	116,516
Vietnam War	1965–1973	58,220
Korean War	1950–1953	36,574
Global War on Terror (Iraq & Afghanistan)	2001–2021	~7,073
Spanish-American War	1898	2,446
Persian Gulf War	1990–1991	383

It is common on this day to visit cemeteries and memorials, such as the Arlington National Cemetery, to place American flags and wreaths on the graves of the fallen. At 3:00 p.m. local time, all Americans are encouraged to pause for a minute of silence to reflect on those who made the ultimate sacrifice. Many communities host local parades and commemorative ceremonies to honor their local fallen heroes.

It is also common for the civilian leaders of our government to pay tribute by placing a wreath at the Tomb of the Unknown Solder. Donald Trump, J.D. Vance, and Pete Hegseth performed those duties at Arlington on this day. Trump paid special tribute in a formal address at Arlington to the thirteen soldiers killed, so far, in our current war in Iran.

The United States has a long tradition requiring the military to answer to the civilian leadership. The Constitution makes the president Commander-In-Chief but at the same time assigns to Congress the power to declare war. Congress hasn’t done that since June 4, 1942, when it declared war against Axis-aligned Bulgaria, Hungary, and Romania during World War II. Prior to that, Congress declared war on Japan on December 8, 1941, followed by Germany and Italy on December 11, 1941.

Yet at least in my lifetime, we almost always seem to be at war. Since World War II, the United States has engaged in major conflicts—such as the Korean War, the Vietnam War, and the post-9/11 wars—without formal declarations of war. Instead, military actions have been conducted under Authorizations for Use of Military Force (AUMFs) passed by Congress. Or via unilateral executive action. Congress did pass a so-called War Powers Resolution which is supposed to give the legislative branch the ability to stop a president’s unilateral military actions. But historically, Congress has rarely been unwilling or unable to invoke it. And presidents, including the current administration, argue the Act is UnConstitutional.

The Framers feared concentrating the decision to go to war in the hands of a single person. James Madison noted that the executive branch was “most interested in war, and most prone to it,” which is why they entrusted the power to the legislature. The original draft of the Constitution gave Congress the power to make war. The Framers specifically changed this to declare war, with Madison recording that this substitution empowered the president only to repel “sudden attacks” on the country.

Presidents have gone well beyond that “original intent.”

Something to reflect on.

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