Thursday, June 23, 2011

Needed: A New Understanding Of War Powers

Needed: A New Understanding Of War Powers: "The model for such constitutional restraint is — yes, Senator Obama — George W. Bush. Not once but twice (Afghanistan and then Iraq) did Bush seek and receive congressional authorization, as his father did for the Gulf War. On Libya, Obama did nothing of the sort. He claimed exemption from the WPR on the grounds that America in Libya is not really engaged in 'hostilities.'

To deploy an excuse so transparently ridiculous isn't just a show of contempt for Congress and for the intelligence of the American people. It manages additionally to undermine the presidency's own war-making prerogatives by implicitly conceding that if the Libya war really did involve hostilities, the president would indeed be subject to the WPR.

The worst of all possible worlds: Insult Congress, weaken the presidency. A neat trick.

But the question of war-making power is larger than one president's blundering. We have a core constitutional problem. In balancing war-making power between Congress and the presidency, the Constitution grants Congress the exclusive right to declare war."

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