GOP Responds to Complaints of Obama Acting Unilaterally By Demanding He Have Unilateral Power to Declare War

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Oh Republicans, you poor inconsistent clueless gnats. Yesterday, on no less than three network poli-talk shows (and probably more but I only watch three), Republicans… in the SAME rants mind you… defended refusing to budge on tying the “Homeland Security” budget to rescinding President Obama’s “illegal and unconstitutional” Executive Order not to prosecute the “Dreamers” (which IS Constitutional and completely within his powers)… only seconds later to decry President Obama asking that the power of the president to unilaterally declare war be stripped from him and returned to Congress like the Constitution requires. People (and I use that term lightly), either you want the president to adhere to the Constitution or you don’t. Make up your minds.

The “War Powers” Clause, Article I, Section 8, Clause 11 of the United States Constitution reads:

The Congress shall have the power…

(11) To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.

Only Congress has the power to Declare War and arm fighters (I’d love to go off on a tangent here on how this might relate to the Second Amendment, but some other day). The Constitution gives the president the power to “enact” (ie: administer or carry out) that war once it has been declared, but it’s pretty clear the power to commit the nation to war was never supposed to reside in the hands of one person.

One week after 9/11, Congress passed the AUMF, Authorization to Use Military Force, giving President Bush the “[authority to] use [the] United States Armed Forces against those responsible for the recent attacks launched against the United States. (emphasis mine). It was strictly concerning 9/11, that’s it.

In 2002, President Bush could not cite the 2001 AUMF against “those who attacked us on 9/11” as giving him power to threaten Saddam Hussein into giving up weapons he didn’t have, so Congress instead passed a separate AUMF:Iraq, specifically citing the actions of Iraq under Saddam Hussein, arguing that it would give President Bush the leverage he needed to avoid war with Iraq. Democrats foolishly voted with Republicans to give him that power, which he quickly used to Declare War against Iraq even after Iraq started to comply with his demands.

13+ years later, President Obama continues to exercise the military authority granted to him by the 2001 & 2002 AUMF’s… not exactly willingly BTW, but the result of Congress refusing to reclaim the authority granted only to them by the Constitution, leaving the president with no choice but to rely on the AUMF’s in order to go after new threats like ISIS (which didn’t exist in 2001/2002). ISIS didn’t “attack us on 9/11” as per AUMF2001, and didn’t even exist to be in “non-compliance” with us as per AUMF2003. President Obama believes it’s time for Congress to take responsibility and stop dumping the choice off on him.

Republican after Republican (Chris Wallace & The Power Panel on Fox “news” Sunday and John McCain on “Meet the Press”) were aghast that President Obama would dare “strip the power” of the president to use military force on his/her say so alone (a power the president is not supposed to have in the first place) and dump it back in Congress’ lap (I remember telling Republicans in 2007/2008 not to “give Bush any power they didn’t want a President Hillary Clinton to have.”)

Meanwhile, in the SAME breath, they also defended possibly refusing to renew funding for the Department of Homeland Security until Democrats caved on “President Obama’s illegal and unconstitutional Executive Order” placing a moratorium on the prosecution of “Dreamers” (undocumented immigrant children that have lived in the U.S. for at least five years.)

That’s right. Without a hint of irony, Republicans are demanding President Obama retain the unconstitutional powers they abdicated to the Presidency while simultaneously blasting him for exercising his Constitutional power as the Chief Executive on the grounds that such power is “unconstitutional”.

Can you hear me now, Mr. Speaker?

BTW: the second half of Clause 11… “make Rules concerning Captures on Land and Water”… if Congressional Republicans are so eager to bestow A1S8C11 powers upon the president, I’d demand they transfer ALL the powers stated in that clause over to him and then promptly shutdown Gitmo. Then just watch how quickly they take that power back.
 


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February 16, 2015 · Admin Mugsy · No Comments - Add
Posted in: fake scandals, National Security, Partisanship, Politics, Right-Wing Hypocrisy, Unconstitutional