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Showing posts with the label Muammar Gaddafi

The war with Iran: Part Four, Presidential authority under article II

 Presidential authority as the commander in chief of the armed forces, under Article II of the US Constitution, is real and important, but it surely isn't all that President Donald Trump needs it to be for this war to be even remotely lawful.  To review six familiar points: (1) The US Constitutional reserves to Congress exclusively the right to "declare" war; (2) Probably because the framers considered the point too obvious to require stating, there is no specific statement that undeclared wars are illegal wars; (3) The courts have refused to make that inference leaving a gap in the whole notion of the checking of war powers, but (4) Congress, overriding President Nixon's veto, filled that gap with the War Powers Act of 1973, and (5) if Congress does not approve President Trump's action, then under the War Powers Act, the President will have to end hostilities within 60 days of starting them -- which would be by the end of April, but (6) nobody expects President T...