1. Everyone needs to stop saying missile strike against Syria was illegal without Congressional approval. Just like when Obama did the same thing, it is legal. That is NOT a judgment on the wisdom, necessity or ethics of the attack. I am not addressing that. But now that...
2...prominent democrats are starting to say "it's illegal" - contradicting themselves just as the GOP is regarding their opinion under Obama - time for a primer.
The first law is the AUMF of 2003. That opened up an insane amount of flexibility and pre-authorization for...
The first law is the AUMF of 2003. That opened up an insane amount of flexibility and pre-authorization for...
3....a president to take military action. Good authorization, bad authorization - doesnt matter. Congress passed it, presidents can rely on it.
Next, the War Powers Act. The act -- which is pretty problematic to begin with constitutionally - has never been used to require...
Next, the War Powers Act. The act -- which is pretty problematic to begin with constitutionally - has never been used to require...
4....congressional approval of limited military actions. That is why Clinton could strike Iraq with missiles after they threw out the weapons inspectors, why he could strike Afghanistan with missiles after al Qaeda attack on East Africa embassies. Every president since....
5...Ford has engaged in limited military actions without seeking Congressional approval. And there is a reason why, for all the huffing and puffing, Congress NEVER challenges the president legally on that: the War Powers Act is almost certainly unconstitutional. Members of....
6...Congress know that, presidents arent 100% sure they will prevail, so there is a little dance that goes on between them even at times of war. The reason it is probably unconstitutional: The president is, by the constitution, the commander in chief of the military. Congress...
7...has the power to declare war, but that doesnt mean that a president can only send in the military on the declaration. Vietnam was never declared a war, but we seemed to have fought it anyway. The reason: The executive called it something else. So the power to declare....
8....does not mean the power to wage. It is a hole in the constitution, which is why there is so much dispute over the lawful nature of the War Powers Act. So, Trump can do this. I promise you, though, he has no idea WHY he can do this.
