A Fox News video from a professional apologist for anything done by a Republican President. John Yoo was the guy who said that torture was legal (contrary to the actual statute). Cite the actual Constitution, not John Yoo.Where in the Constitution does the President have the authority initiate military action? Are you saying that the authority of the Congress is nominal. Cite the Constitution, not Fox News videos.
“The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States.”
I always cite the actual Constitution or the actual statute, not the Fox New summary. I suggest you do the same.As is usual, any evidence provided that you don't approve of, is rejected. That makes it difficult to have a rationale conversation. You seem to believe that you are the only person knowledgeable enough concerning the Constitution to "school" this forum. You may want to reconsider that one sided viewpoint as being closed minded.
Your "citations" contain personal subjective interpretations. The citations @NauticalGent above provide a much better understanding. Again, instead of condemning viewpoints that you disagree with, such as the Fox video, you should view them to gain a better understanding. You can't gain a better understanding by only accepting one line of (incorrect) reasoning.I always cite the actual Constitution or the actual statute, not the Fox New summary. I suggest you do the same.
Not so sure about that. The Constitution is pretty smart - when the authors wanted to be precise, or more sweeping, they were more precise, or more sweeping. The things they left vague or pinpoint, they probably did for a reason.The Constitution assigns the power to declare war to the Congress. The President has no authority to initiate military action. I am going to quote Abraham Lincoln on this.
The first statement is a fact, the second statement is your guess/wish/interpretation and not a factThe Constitution assigns the power to declare war to the Congress. The President has no authority to initiate military action
Bingo, you win $25.This grants the President the authority to direct military forces in operations and respond quickly to threats or emergencies
You're very confused my friend. It's quite normal to cite legal authorities, experts, when arguing a legal point, and in fact, a wise person will be humble enough to do so. Unless you yourself are a Constitutional lawyer with a degree of success and experience, the smartest thing you can do will be to cite those who are, and the most foolish thing you can do will be to blindly quote the Constitution without the context of interpretation over time that colors the matter.Cite the actual Constitution, not John Yoo
Your interpretation reduces the Congressional authority to being purely nominal.Not so sure about that. The Constitution is pretty smart - when the authors wanted to be precise, or more sweeping, they were more precise, or more sweeping. The things they left vague or pinpoint, they probably did for a reason.
Congress has the power to declare war. Great. Nobody has declared war on Iran and nobody, probably, ever will.
In fact, the purpose of the strikes was to avoid broad war.
When Congress acts, it can grant pretty broad authority, as it did with the 2001 AUMF and give the President some discretion as with the 2003 AUMF. It already has granted narrow authority for military action under the War Powers Act.You're very confused my friend. It's quite normal to cite legal authorities, experts, when arguing a legal point, and in fact, a wise person will be humble enough to do so. Unless you yourself are a Constitutional lawyer with a degree of success and experience, the smartest thing you can do will be to cite those who are, and the most foolish thing you can do will be to blindly quote the Constitution without the context of interpretation over time that colors the matter.
You claim to be an originalist/textualist type of person, but you're denying that kind of application on this matter.
If you want to be literal, the Constitution clearly says Congress has the power to declare war, and Trump didn't declare war.
It seems you're a textualist when it suits your argument, and a "living document" kinda guy when that suits it better.
Also, ponder this:
Congress declares war on country1. President begins military actions. Along the way, various countries get involved, maybe 5 or more. Some days the President is commanding missiles into country1's airspace; other days the President commands missiles into country2's or country3's airspace. On those latter days, has he done something illegal? He has to keep going back to Congress to "declare war" on any country he engages, right?
Congress has the power to declare war. Great. Nobody has declared war on Iran and nobody, probably, ever will.
I'm a little bit of a cynic on that, but what do I know?In fact, the purpose of the strikes was to avoid broad war.
And yet the Constitution does not require them to act in order to Grant any and all authorities relating to military action, it only requires it for an official declaration of war. Your assumption is that that includes all initial military actionsWhen Congress acts, it can grant pretty broad authority
I've actually been surprised at the opposite- bipartisan support and praise coming from both sides of the aisle for Trump's actions. I think personally that the congressmen are thankful that they were not subjected to the political dangers of having to vote yes or no on it. Most people seem to be glad it's donemajority of the Congress and the voters oppose involving
The declaration of war is a political state not a kinetic one. A declaration of war also means that you are going to destroy the enemy to achieve your goals. Do you think we should destroy Iran? Technically, they have been waging war on us through proxies for 50 years and we have every right to fight back. The lives lost have been real but the threat to the homeland was remote. The state of their ballistic missiles and nuclear program raised the threat level to one that had to be dealt with since their "Death to America" threat has always been real. Until now, it was mostly just words. Should we have waited until Iran nuked Israel? How about waiting until they nuked some US city?The Constitution assigns the power to declare war to the Congress.
The threats of "Death to America" alongside the "Death to Israel" threats make Iran our declared enemy. They declared the war, not us and they fully intend to carry out their threat. They have mostly used proxies to keep their hands clean but they can be credited directly killing at least 600 of our military people since the Mullahs coup succeeded in 1979 to overthrow the ShahTrump couldn't get an AUMF for Iran because a majority of the Congress and the voters oppose involving the US in Netanyahu's war against Iran.
I grew up not far from the naval base in Groton so eventually I discovered sailors. At the time, I was 19 and owned a brand new Austin Healy Sprite. A very tiny 2-seater if you are not familiar with the car. I was going to a party on the base with my boyfriend and I picked him up at the barracks and ended up with four more of his shipmates along for the ride. One on my boyfriends lap, two curled up on the shelf behind the seats and one on the gear shift. I had to settle on second gear for obvious reasons. At least the gearing was such that I could ignore 1st gear and just stay in 2nd even when I had to stop.when I insist that my car only contain occupants equal or less than the # of seatbelts,