Unchecked Executive War Power Could Slip Through the House

[JBeukema]

Tucked inside the National Defense Authorization Act, being marked up by the House Armed Services Committee this week, is a hugely important provision that hasn’t been getting a lot of attention — a brand new authorization for a worldwide war.
This stealth provision was added to the bill by the committee’s chairman, Rep. Buck McKeon (R-Calif.), but has a bit of a history.
It was first proposed by former Attorney General Michael Mukasey in 2008 after the Bush administration lost the Boumediene v. Bush case, in which the Supreme Court decided that federal courts would subject the administration’s asserted law of war basis to hold Guantanamo detainees to searching review.

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[sparky]

This gets a bit dicey JB. Remember how pissed people were to learn Nixon was bombing Cambodia? well, Congress enacted the War Powers Act in '73 over it all, every military venture since was dubbed a peace keeping mission>


The War Powers Resolution (P.L. 93-148) was passed over the veto of President Nixon on November 7, 1973, to provide procedures for Congress and the President to participate in decisions to send U.S. Armed Forces into hostilities. Section 4(a)(1) requires the President to report to Congress any introduction of U.S. forces into hostilities or imminent hostilities. When such a report is submitted, or is required to be submitted, section 5(b) requires that the use of forces must be terminated within 60 to 90 days unless Congress authorizes such use or extends the time period. Section 3 requires that the "President in every possible instance shall consult with Congress before introducing" U.S. Armed Forces into hostilities or imminent hostilities.

From 1975 through 2003, Presidents have submitted 111 reports as the result of the War Powers Resolution, but only one, the 1975 Mayaguez seizure, cited section 4(a)(1) which triggers the time limit, and in this case the military action was completed and U.S. armed forces had disengaged from the area of conflict when the report was made. The reports submitted by the President since enactment of the War Powers Resolution cover a range of military activities from embassy evacuations to full scale combat military operations, such as the Persian Gulf conflict, and the 2003 war with Iraq, the intervention in Kosovo and the anti-terrorism actions in Afghanistan. In some instances U.S. Armed Forces have been used in hostile situations without formal reports to Congress under the War Powers Resolution

http://www.fas.org/man/crs/RL32267.html

 

[RetiredGySgt]

War powers act is Unconstitutional. Congress already controls the use of force through the budget and purse strings. Presidents just ignore it or use it when they know Congress will go along. None have been brave enough to challenge it in Court.

Congress has the sole power to determine what Government funds will be spent on. Their power to limit Military operations they disagree with is the purse string. All they have to do is pass a bill that states no money will be spent on some military adventure. The President is Commander in Chief and is free to use troops anywhere any time he wants ( with exception of inside the Country)

Congress does not have the balls to vote such legislation so created the War Powers act to lay it at the Presidents feet.

 

[editec]

Per usual the Constitution is outdated, inconsistent and simply not suited to our world.

The POTUS has the power to put forces anywhere he chooses.

But Congress must authorize a war.

So presidents can put trooops into harms way despite the fact that we are not at war.

 

[sparky]

well then, i guess it's time to sing along>
[ame=http://www.youtube.com/watch?v=9Hbity4A0L0&feature=player_detailpage]YouTube - ‪I'll Be Home For Christmas- Support Our Troops‬‏[/ame]