Release the Memo That Really Matters

[GMDino]

Long read....good read.


Read more at: http://www.nationalreview.com/article/456193/war-making-powers-serious-constitutional-debate

Quote:What’s the legal basis for military action absent congressional authority?


Let’s have an open debate. In an outrage and scandal-driven news cycle, it’s easy to lose sight of the truly significant stories. Let’s talk memos, for example. 


The past five days have been dominated by discussion of two memoranda — one Republican and one Democratic — that deal directly with claims that at least part of the Department of Justice investigation of the Trump campaign’s ties to Russia was tainted by political bias. This is an important issue, no doubt, but did you know there exists another memo — one of perhaps world-historical importance — that the American people need to see? 


Before I describe the memo, let’s take a short detour into constitutional and military history. 


As most civically literate Americans know, the Constitution bifurcated the nation’s war-making powers. The president is the commander in chief of the armed forces, and as commander he enjoys a certain degree of inherent authority to order immediately necessary military strikes to defend the nation and its allies. At the same time, Article I, Section 8, Clause 11 of the Constitution grants Congress the power to “declare war.” In theory, the Constitution thus creates a simple and easily understandable balance of powers. Only Congress can initiate war (aside from, of course, immediate acts of self-defense), but once war begins, command authority rests exclusively with the president. 


In practice, however, it seems as if the rule is observed mainly in the breach. In the post–World War II era, American forces have been committed time and again even in offensive military actions without even the slightest effort to obtain congressional authorization. 


The latest example occurred on April 6, 2017, when President Trump ordered a cruise missile strike on Syria in retaliation for its use of chemical weapons against its own civilian citizens. Unless there is classified information we don’t yet know, a strike of this nature is exactly the kind of military action that should require congressional approval. We were not at war with Syria. We were not acting in immediate self-defense of our nation. We were not fulfilling a Senate-ratified treaty obligation. 


Shrugging off the Constitution is a bipartisan practice. Who can forget President Obama’s strikes against Libya? He ordered offensive military action against a sovereign nation without a declaration of war. While George W. Bush obtained congressional authorization for the wars in Iraq and Afghanistan, his predecessor, Bill Clinton, launched extended aerial campaigns in the former Yugoslavia with no congressional vote. x   Put simply, it’s increasingly clear that years of presidential overreach, congressional inaction, and partisan bickering have jeopardized our constitutional structure. We are steadily moving away from the separation of powers and toward an unconstitutional legal regime that places sole war-making authority in the hands of an increasingly imperial presidency. 


This is wrong. It’s dangerous. It has to stop.

Much, much more at the link....

[*michaelsean*]

I'm good with never doing anything again that doesn't directly involve our security.