Tweets about the War Powers Resolution AKA War Powers ‘Act’
September 24, 2014 Leave a comment
Call out Obama for [his] “evolving” views on Constitutional constraints vis. Executive war-making powers, but it doesn’t mean he was right then.
To pretend that the War Powers Resolution is suddenly Constitutional because you don’t like the President is more than a bit sad.
That said, the President’s petulance in refusing to lobby Congress effectively for buy-in is a political unforced error. A huge one.
The War Powers Resolution passed because Congress overrode Nixon’s veto. Fine. Then defund what you don’t like via [a] veto-proof majority.
See how it works? The idea that a formal declaration of war must exist before POTUS can engage in military action is absurd on its face.
If Congress prohibited expenditures in X theater, and did it with veto-proof majority, then you might have a valid Constitutional argument.
War Powers Resolution fans want it both ways: No formal declaration, but beg Congress’ permission because formal declaration is required.
Congress’ power to limit President’s ability to engage in military action is primarily thru power of the purse, not formal declarations.
Why not a War Powers Resolution that says the President’s hands are tired unless Congress uses [the] explicit verbiage “we hereby declare war”?
So who are the semantic hair-splitters here? Those who think the War Powers Act is unconstitutional? Hardly.
I don’t like this Imperial President any more than my literalist libertarian friends do, but the argument has become utterly absurd.
President has zero latitude to legislate, which Congress has largely given over to the Executive over time. Cry me a river about CIC stuff.
The Enumerated Powers that Congress has willingly given up, over time, to the Executive, are legion. CIC isn’t one of them.