Rand Paul ISIS war is illegal - CNN.com
Congress could have authorized the action BEFORE the election....but we all know what they didn't.
The War Powers Resolution Fraud
By
Thomas E. Woods Jr.
February 4, 2006
In the wake of the Vietnam War Congress passed the War Powers Resolution of 1973. As the history books would have it, Congress thereby restrained presidential war powers and reasserted traditional congressional prerogatives in foreign policy as envisioned by the Constitution.
Not so. Not even close to being so.
Congress did pass the War Powers Resolution, to be sure. But if anything, the Resolution — sympathetic mythology to the contrary notwithstanding — actually emboldened the president and codified executive warmaking powers that would have astonished the framers of the Constitution.
Repeal of the War Powers Resolution would eliminate the concession of 1973 that presidents may use military force anywhere in the world, for whatever reason, for up to ninety days, if not longer. There is no constitutional warrant for that proposition. Repeal would remove that source of presidential power and put an end to fruitless legislative debate over whether presidential "consultation" had been sufficient, whether presidential reports were timely and complete, and whether the president should have reported under Section 4(a)(1), 4(a)(2), or some other provision. Repeal would eliminate the current futile dash to federal court, hoping for some kind of judicial answer. Members of Congress would understand that only legislative action can stop the president: withholding funds, prohibiting certain actions, and taking other concrete measures.