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As someone who’s served in the executive branch under three presidents handling matters of war & peace, I’ve supported an expansive view of Art. II Commander-in-Chief authority given necessity & precedent. This Iran situation seems to be moving outside even that elastic zone. 1/4
These WSJ-reported deployments (now approaching 20k additional personnel in the last 8 months) plus stated presidential planning to strike 52 targets in Iran (for which there is no authorization) demonstrate potential for conflict well beyond standard Article II activities. 2/4
War with another country—albeit an outlaw one—with tens of thousands of Americans in harm’s way would seem to require some/some colorable congressional authorization if the Article I war power (power vested in Congress) is to retain any meaning whatsoever. 3/4
This is separate from the Soleimani strike itself which, whether wise or not, seems consistent with Article II precedent. The issue is going forward and where this situation may now be heading whether we like it or not. It’s heading outside an Article II zone. 4/4
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